Flashcards › Civil Liberties & Civil Rights

Civil Liberties The legal constitutional protections against government. Bill of Rights The first 10 Amendments to the Constitution. First Amendment Establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly. Fourteenth Amendment Adopted after the Civil War that declares ;No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process oflaw; nor deny to any person within its jurisiction the equal protection of the laws. Due Process Clause Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. Incorporation Doctrine The legal concept under which teh Supreme Court has nationalized the Bill of Rights bymaking most of its provisions applicable to the states through the 14th Amendment. Establishment Clause Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." Free Exercise Clause A First Amendment provision that prohibits government from interfering with the practice of religion. Prior Restraint A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the US. Libel The publication of false or malicious statements that damage someone's reputation. Symbolic Speech Nonverbal communication, such as burning a flag or wearing an armband. Commercial Speech Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protectin from the Supreme Court. Probable Cause The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. Unreasonable Searches and Seizures Obtaining evidence in a haphazard or random manner, prohibited by the fourth amendment. Search Warrant A written authorization from a court specifying the area to be searched and what the police are searching for. Exclusionary Rule The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure. Fifth Amendment Protects that rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punshment without due process of law. Self-Incrimination The situation occurring when an individual accused of a crime is compelled to be a witness aginst himself or herself in court. Sixth Amendment Designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Plea Bargaining An agreement struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime. Eighth Amendment Forbids cruel and unusual punishment, althought it does not define the phrase. Cruel and Unusual Punishment Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional. Right to Privacy The right to a private personal life free from the intrusion of government. Civil Rights Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. Equal Protection of the Laws Part of the fourteenth amendment emphasizing that the laws must provide equivalent protection to all people. Thirteenth Amendment Ratified after the Civil War that forbade slavery and involuntary servitude. Civil Rights Act of 1964 The law making racial discrimination in hotels, motels, and restaurants illegal and forbidding many forms of job discrimination. Suffrage The legal right to vote extended to African Americans by the 15th Amendment, to women by the 19th Amendment, and to people over the age of 18 by the 26th Amendment. Fifteenth Amendment Adopted in 1870 to extend suffrage to African Americans. Poll Taxes Small taxes levied on the right to vote. This method was used by most Southern states to exclude African Americans from voting. White Primary Primary elections from which African americans were excluded, mostly in the heavily Democratic South. Twenty-Fourth Amendment Passed in 1964 that declared poll taxed void in federal elections. Voting Rights Act to 1965 A law designed to help end formal and informal barriers to African Americans suffrage. Nineteenth Amendment Adopted in 1920 that guarantees women the right to vote. Equal Rights Amendment Introduced in Congress in 1923 and passed by Congress in 1972, equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex. The amendment fell short of passing in state legislatures. American with Disabilities Act of 1990 Passed in 1990 that requires employers and public facilities to make reasonable accomodations for people with disabilities and prohibits discrimination against these individuals in employment. Affirmative Action A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Wilson, Chapter 4 & 5 vocabulary.