Chapter 4: Civil Liberties Flashcards Preview

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Flashcards in Chapter 4: Civil Liberties Deck (23):

A court order demanding that an individual in custody be brought into court and shown the cause for detention

Habeas corpus


A law that declares a person guilty of a crime without a trial

Bill of attainder


Laws that declare an action to be illegal after it has been committed

Ex post facto laws


The first 10 amendments to the US constitution, ratified in 1791; they ensure certain rights and liberties to the people

Bill of rights


Areas of personal freedom constitutionally protected from government interference

Civil liberties


The process by which different protections in the Bill of Rights were incorporated to the 14th amendment,
thus guaranteeing citizens protection from the state as well as national governments

Selective incorporation


The first amendment clause that says "Congress shall make no law respecting an establishment of religion", this law means that a "wall of separation" exists between church and state

Establishment clause


A rule that states government action toward religion is permissible if it is secular and purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion

Lemon test


The first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses

Free exercise clause


Used to determine whether speech is protected or unprotected

"Clear and present danger" test


Speech that directly incites damaging conduct

Fighting words


speech accompanied by conduct such as sit-ins, picketing, demonstrations

"Speech plus"


protection of this form of speech under the First Amendment is conditional and restrictions imposed by the state or local authorities are acceptable if properly balanced by considerations of public order

"Speech plus"



Prior restraint


A written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"






The right of every individual against arbitrary action by a national or state governments

Due process of law


The ability of courts to exclude evidence of change in violation of the 14th amendment

Exclusionary rule


Jury that determines whether sufficient evidence is available to justify a trial;
This jury does not rule on the accused's guilt or innocence

Grand jury


The fifth amendment right providing that a person cannot be tried twice for the same crime

Double jeopardy


the person under arrest must be informed prior to police interrogation of the right to remain silent and to have the benefit of legal counsel.

Miranda rule


The right of government to take private property for public use

Eminent domain


The right to be left alone, which has been interpreted by Supreme Court to entail individual access to birth control and abortions

Right to privacy