TERMS 1
The first 10 amendments to the U.S. Constitution
Bill of Rights
The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights.
Civil Liberties
Law must be clearly secular, not prohibiting or inhibiting religion, and there should be no excessive entanglement
Lemon v. Kurtzman
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
Gitlow v. New York
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Mapp v. Ohio
under the 6th amendment, poor defendants must be provided with a lawyer
Gideon v. Wainright
Interpretation by Justice Oliver Wendell Holmes regarding limits on free speech in the Schenk case. What was the phrase?
"Clear and Present Danger"
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment
Citizens United v. FEC
(1932) The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.
Powell v. Alabama
1966 ruling that upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer.
Miranda v. Arizona
Being tried twice for the same offense if you had been found not guilty in the first trial
Double Jeopardy
A First Amendment provision that prohibits government from interfering with the practice of religion.
Free Exercise Clause
Government actions preventing material from being published.
Prior Restraint
The constitutional amendment that forbids cruel and unusual punishment.
Eighth Amendment
(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".
Furman v. Georgia
nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
14th Amendment
The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained.
Exclusionary Rule
(1879) Criminal religious practices, including polygamy, are not protected as part of the 1st Amendment
Reynolds v. United States
Established that obscenity is not within the area of constitutionally protected speech or press.
Roth v. U.S.
upheld the death penalty was NOT cruel and unusual punishment
Gregg v. Georgia
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial.
Grand Jury
The publication of false and malicious statements that damage someone's reputation .
Libel
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.
Incorporation Doctrine
banned formal prayer in schools, goverment whould not make any religion the 'official' religion.
Engel v. Vitale
A written authorization from a court specifying the area to be searched and what the police are searching for.
Search Warrant
the defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime.
Plea Bargaining
suspects must be told the following: 1) They have a constitutional right to remain silent and may stop answering questions at any time, 2) What they say can be used against them in a court of law, 3) They have a right to have a lawyer present during questioning, and the court will provide them with a lawyer if they cannot afford their own.
Miranda Rights
(1990) The Court ruled that Oregon could deny unemployment benefits to workers fired for using dugs (peyote) as part of a religious ceremony
Employment Division v. Smith
The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
Near v. Minnesota
The situation in which the police have reasonable grounds to believe that a person should be arrested.
Probable Cause
Power of a government to take private property for public use
Eminent Domain
Part of the First Amendment stating "Congress shall make no law respecting an establishment of religion."
Establishment Clause
Law guaranteeing news reporters the right to protect the anonymity of their sources.
Shield-Laws
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.
Fifth Amendment
Court case pertaining to the second amendment. Right to own a firearm for personal use.
D.C. v. Heller