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Chapter 4 Key Terms

TermDefinition
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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