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gov ch 8
| Question | Answer |
|---|---|
| warrant | a legal document from a judge authorizing police to search a place, seize items, or arrest someone, based on probable cause, protecting Fourth Amendment rights against unreasonable searches and seizures by requiring specificity/justification |
| probable cause | the Fourth Amendment standard requiring law enforcement to have enough evidence or reasonable grounds to believe a crime was committed, |
| exclusionary rule | a legal principle that blocks illegally obtained evidence (from unconstitutional searches/seizures, like those violating the 4th Amendment) from being used in criminal trials to deter police misconduct and protect citizens' rights, |
| grand jury | a group of citizens (usually 16 to 23) empowered by the court to investigate potential criminal conduct and determine whether there is enough evidence—probable cause—to formally charge (indict) a person with a crime. |
| double jeopardy | a Fifth Amendment protection preventing the government from prosecuting someone more than once for the same crime after an acquittal or conviction, |
| Miranda rights | protects against self incrimination makes suspects aware of their constitutional rights right to counsel (an attorney) |
| bail | pretrial release where a court requires money or property as a guarantee that a defendant, accused of a crime, will return for future court dates, assuming innocence and allowing them to prepare their case outside jail |
| civil liberites | fundamental rights and freedoms of citizens protected from infringement by the government |
| civil rights | protections from discrimination as a member of a particular group |
| due process clause | guarantees against deprivation of life liberty or pursuit of happiness without due process |
| importance of regulating time place and manner | allows the government to maintain order and public safety while still protecting people's rights like free speech. must be able to justify how it interferes with public order |
| importance of rights of defendants/ procedural due process | ensures fair treatment under the law and protects individuals from unfair punishment or abuse of government power. |
| establishment clause | 1st amendment protection against the government requiring citizens to join or support a religion |
| Bill of rights | a list of fundamental rights and freedoms that individuals posses (first 10 amendment of constitution are referred to as Bill of rights) |
| federalist 84 | arguments against the inclusion of a list of rights in the constitution, thought it was unnecessary and that the govt was designed to secure individuals right, list would be incomplete, danger to peoples liberties |
| clauses of 14th amendment / how it has been uses to selectively incorporate bills of rights protections against state actions | due process , privileges and immunities, equal protection, anyone born in us is a citizen uses to ensure states apply law fairly without discrimination |
| 1st amendment | restricts law making powers of Congress in areas of religion, speech, press, assembly and petitioning the goverment |
| 2nd amendment | right to keep/ bear arms |
| 3rd amendment | no forced quartering of troops in homes |
| 4th amendment | protects against unreasonable search/ seizure, establishes right to have warrants issues before arrest or search |
| 5th amendment | right to a grand jury indictment in criminal cases, protection against double jeopardy, self incrimination, due process, compensation when private property is taken for public use |
| 6th amendment | right to speedy public trial by an impartial jury, can confront witnesses, right to assistance of defense council |
| 7th amendment | right to trial by jury in certain civil suits |
| 8th amendment | protections against excessive bail, fines and cruel/unusual punishment |
| 9th amendment | protection of rights not listed in constitution |
| 10th amendment | powers not given to federal govt nor prohibited by it to states are given to states and people |
| free exercise clause | 1st amendment protection of the rights of individuals to exercise and express their religions beliefs. |
| freedom of expression | fundamental right affirmed in 1st amendment to speak publish and protest |
| clear and present danger test | legal standard that speech posing an immediate and serious threat to national security is not protected by 1st amendment |
| prior restraint | the suppression of material prior to publication on the grounds that it might endanger public security |
| symbolic speech | protected expression in form of images, signs and other symbols |
| libel v slander | an untrue written statement that injures a person's reputation slander- same thing but is spoken |
| obscenity and pornogrophy | words, images or videos that depict sexual activity in an offensive manner and that lack any artistic manner |
| what is the idea of contemporary community standards | different places may have different standards to obscenity/pornogrophy. |
| civil liberties protections found in article 1, section 9 | prohibition of Bill of attainder, writ of habeas corpus and ex post facto laws |
Created by:
Lilyhowes