Unit 6 Flashcards
(31 cards)
Civil rights
Protection against discrimination
Civil liberties
Personal freedoms e.g. Speech, assembly, religion
Clear and present danger doctrine
Judicial interpretation of amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.
De facto segregation
Segregation “by fact” I.e. segregation that results from such factors as housing patterns rather than law
De jure segregation
Segregation by law I.e. segregation that is required by government
Double jeopardy
Being prosecuted twice for the same offense. Banned by amendment 5
Due process clause
Prohibits the national government and states from denying life, liberty, or property without due process of law.
Equal protection clause
14th amendment clause that prohibits states from denying protection under the law , and has been used to combat discrimination.
Eminent domain
The right of government to take private property for the public good. Fair compensation must be paid to the owner of such property
Establishment clause
Provision of amendment 1 that prohibits congress from establishing an official state religion. This is the basis for separation of church and state
Exclusionary rule
Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial
Free exercise clause
Provision of Amendment 1 stating that congress may not prohibit the free exercise of religion
Grandfather clause
Souther laws that excluded blacks from exercising suffrage. By restricting the right to vote only to those whose grandfathers had voted before 1865
Grand jury
Determines whether or not to bring criminal charges against a suspect
Incorporation
Applying the bill of rights to the states. A total incorporation view is they the states must obey all provisions if the bill of rights because of the due process clause
Indictment
Grand jury order that a suspect stand trial for a criminal offense
Jim Crow laws
Southern laws that required racial in places of public accommodations
Libel
Written untruths that damage a reputation
Literacy test
Southern method if excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write
Miranda warnings
Warnings that must be read to suspects prior to questioning suspects must be advised that they have the right of silence and counsel
Plea bargain
Arrangement in which a suspect pleads guilty to a lesser offense in order to Avoid trial. The manner in which most cases are disposed of
Police powers
Powers that slow states to pass laws protecting the health welfare safety and morals of their residents
Poll tax
Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting
Prior restraint
When a court stops expression before it is made. E.g. Prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional
