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Chapter 4 Key Terms
| Term | Definition |
|---|---|
| civil liberties | The legal constitutional protections against government. |
| Bill of Rights | The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights. |
| First Amendment | The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly. |
| Fourteenth Amendment | The constitutional amendment adopted after the Civil War that declares "No State shall make or enforce any law which abridge the privileges or immunities of citizens of the United States |
| due process clause | Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, of property by the United States or state governments without due process of law. |
| incorporation doctrine | The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth 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. |
| 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. |
| probable cause | The situation occurring when the police have reason to believe that a person should be arrested. |
| unreasonable searches and seizures | Obtaining evidence in a haphazard or random manner, a practice 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. |
| Fifth Amendment | A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. |
| self-incrimination | The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. |
| Sixth Amendment | A constitutional amendment designed to protect individuals accused of crimes. |
| plea bargaining | A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime or fewer crimes in exchange for the state's promise not to prosecute the defendant for a more serious/additional crime. |
| Eighth Amendment | The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. |
| cruel and unusual punishment | Court sentences prohibited by the Eight Amendment. |
| right to privacy | The right to a private personal life free from the intrusion of government. |
Created by:
Hellvalley
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