personal freedom v. public safety Flashcards
(23 cards)
What are civil liberties?
Fundamental rights protected from infringement by the government.
What are civil rights?
Protection from discrimination as a member of a particular group.
What is selective incorporation?
The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state governments.
What is the Establishment Clause?
First Amendment protection against the government requiring citizens to join or support a religion.
What is the Free Exercise Clause?
First Amendment protection of the rights of individuals to exercise and practice their religious beliefs.
What is freedom of expression?
A fundamental right affirmed in the First Amendment to speak, publish, and protest.
What is the clear and present danger test?
Legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.
What is prior restraint?
The suppression of material prior to publication on the grounds that it might endanger national security.
What is symbolic speech?
Protected expression in the form of images, signs, and other symbols.
What is libel?
An untrue written statement that injures a person’s reputation.
What is slander?
An untrue spoken expression that injures a person’s reputation.
What are obscenity and pornography?
Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit.
What are ex post facto laws?
Laws criminalizing conduct that was legal at the time it occurred.
What is a bill of attainder?
A law passed by Congress punishing an individual without a trial.
What is a writ of habeas corpus?
A document setting out reasons for an arrest or detention.
What is procedural due process?
A judicial standard requiring that fairness be applied to all individuals equally.
What is a warrant?
A document issued by a judge authorizing a search.
What is probable cause?
Reasonable belief that a crime has been committed or that there is evidence of criminal activity.
What is the exclusionary rule?
A rule that evidence obtained without a warrant is inadmissible in court.
What is a grand jury?
A group of citizens who decide whether or not a person should be indicted on criminal charges based on evidence presented to them.
What is double jeopardy?
Protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.
What are Miranda rights?
The right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity.
What is bail?
An amount of money posted as a security to allow the charged individual to be freed while awaiting trial.
