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Civil Liberties

QuestionAnswer
civil liberties limitations on the power of government, designed to ensure personal freedoms
civil rights guarantees of equal treatment by government authorities
double jeopardy a prosecution pursued twice at the same level of government for the same criminal action
due process clause provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis
eminent domain the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
establishment clause the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
exclusionary rule a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
free exercise clause the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
Miranda warning a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
obscenity acts or statements that are extremely offensive by contemporary standards and are unconstitutional
Patriot Act a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act
prior restraint a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)
probable cause legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial
right to privacy an implied right; the right to be free of government intrusion
search warrant a legal document, signed by a judge, allowing police to search and/or seize persons or property
selective incorporation the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government
self-incrimination an action or statement that admits guilt or responsibility for a crime
symbolic speech a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
Created by: sharimaclachlan