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Civil Liberties Test

QuestionAnswer
Define Incorporation doctrine; (what constitutional amendment was used to make this a reality) Selected provisions of the BoR are made applicable to the states (14th)
Define Civil liberties; (where are they primarily found) Constitutional and other legal protections of individuals against government actions (nowhere)
Define Exclusionary rule; (provide 1 reason it has been controversial) Evidence, including confessions, gained as a result of unconstitutional acts by the police cannot be used to convict an individual in court (guilty people could walk free)
Define The Establishment Clause; (include what is being claimed in such cases AND the common phrase used to describe it) Congress shall make no law respecting an establishment of religion (people have a right to chose their religion AND separation of church and state)
Define Free Exercise Cluse; (what is being claimed in such cases AND despite this clause, what has never been permitted) The government cannot interfere with the expression or practice of religious beliefs (people have a right to chose their religion AND religious practices which are dangerous or harmful to the community, etc.)
Define Symbolic speech; (is such speech protected under the First Amendment) Expressive conduct, actions meant to express opinions without words (yes)
Define The Citizenship Clause of the Fourteenth Amendment Citizenship is by birth or naturalization
Define Plea bargaining; (justify the notion that this is a very common practice in the criminal justice system) A bargain struck between the defendant's lawyer and the prosecutor. The defendant will plead guilty to a lesser crime (or fewer) in exchange for not charging for a more serious (or additional) crime (90% of criminal cases begin/end w/ a guilty plea)
Define Writ of habeas corpus A court order requiring jailers to explain to a judge why they are holding a prisoner in custody
Define Religious Freedom Restoration Act of 1993 The courts had to use the "compelling state interest" standard in deciding Free Exercise Clause cases (reversed the standard of "a neutral law of general applicability"
Define "Bill of attainder" protection Punishes people without judicial trial
Define "ex post facto law" protection Punishes people or increases the penalties for acts that were not illegal or not as punishable when the act was committed
Define Miranda v. Arizona Before police interrogate a suspect, they must tell them they have the right to remain silent and the right to a lawyer
Define Griswold v. Connecticut;(why was this decision controversial) Connecticut forbid the use of contraceptives, and a doctor and a family planning specialist were arrested for disseminating birth control devices. Right to privacy (many claimed the SC was inventing protections not specified by the Constitution
Define Roe v. Wade; (what constitutional right was used to establish this right) A right to privacy under the due process clause in the 14th Amendment extends to a woman's decision to have an abortion.
Define Mapp v. Ohio Evidence, including confessions, gained as a result of unconstitutional acts by the police cannot be used to convict an individual in court (guilty people could walk free) was established
Define Gideon v. Wainwright If a defendant cannot afford a lawyer, one must be appointed for them as the government's expense
Define Gregg v. Georgia The death penalty is not unconstitutional
Define Terry stop/frisk With reasonable suspicion, police may briefly stop and frisk a person.
Define Unprotected speech; (provide 3 categories of speech which fall into this category) Speech which Americans can be arrested or sued for (creates a clear and present danger", obscenity, and libel or slander)
Define Progressive taxation; (provide an example used in the US) Tax for which the percentage of income paid in taxes increases as income increases (income tax)
Define Regressive taxation; (provide an example used in the US) Tax for which the percentage of income paid in taxes decreases as income increases (sales tax)
What did Texas v. Johnson conclude with regards to freedom of speech? Laws banning desecration of the flag are unconstitutional
What did Hustler v. Falwell conclude with regards to freedom of speech? Satire and parody are always protected speech
What did New York Times v. Sullivan conclude with regards to freedom of speech? You can be arrested or sued for Libel/slander (false, malicious statements which damage reputations)
How did the SC change its interpretation of the Constitution from Barron v. Baltimore to Gitlow v. New York (include both of the cases outcomes)? In Barron the BoR did not apply to State governments, just the Federal gov., in Gitlow using the 14th Amendment the SC established the BoR applies to States as well as fed. gov
What constitutional amendment was used to support this change (Barron to Gitlow)? 14th
What has been the recent trend with regards to the exclusionary rule AND what does this mean? It has gotten more conservative AND this means it is weaker with more exceptions
Provide 2 exceptions to the exclusionary rule "Good Faith" and "Honest Mistake"
Explain the notion that the self-incrimination clause is both a trial right AND an interrogation right. What protections does it provide with regards to each? You have the right to remain silent in both your trial AND your interrogation. Questions must stop when you indicate you take the 5th, and you don't have to testify at your trial, nor can this be used against you
Created by: Matti