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civil liberties
fundamental rights and freedoms protected from infringement by the government in Bill of Rights
civil rights
protections from discrimination as a ember of a particular group
bill of rights
list of fundamental rights and freedoms that individuals process. First ten amendments to constitution. property without legal safeguards (deals with issues of discrimination)
selective incorporation
piecemeal process through which SCOTUS has affirmed that almost all protections within the Bill of Rights also apply to state governments
establishment clause
first amendment protection against government requiring citizens to join/support a religion
free exercise clause
first amendment protection of the rights of individuals to have their own religious beliefs and practice them
clear and present danger test
legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment
prioir restraint
the suppression of material prior to publication on the grounds that it might endanger national security
symbolic speech
protected expression in the form of images, signs etc
libel
an untrue written statement that injures a person’s reputation
slander
an untrue spoken expression that injures a person’s reputation
obscenity/pornography
words, images or videos that depict sexual activity in an offensive manner and that lack any artistic value
ex post facto law
laws criminalizing conduct that was legal at the time it occurred
bill of attainder
a law passed by congress punishing an individual without a trial
writ of habeas corpus
a document setting out reasons for an arrest or detention
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally
probable cause
reasonable belief that a crime has been committed or that there is evidence of criminal activity
exclusionary rule
a rule that obtained without a warrant is inadmissible in court
grand jury
group of citizens who, based on evidence presented, decide whether or not a person should be indicted on criminal charges and subsequently tried in court
double jeopardy
protects an individual acquitted of crime form being charged with the came crime again in the same jurisdiction
miranda rights
when arrested police must tell the suspect that they have the right to remain silent, have an attorney present during questioning.
bail
an amount of money posted as a security to allow the charged person to be freed while awaiting trial.
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