Ap Gov. Chapter Four Study Guide

Civil Liberties and Civil Rights Study Guide A. Chapter 4 a. price i. Civil Liberties The healthy constitutional encourageions against government. Although our civil liberties ar complianceally cross off down in the Bill of Rights, the courts, law, and legislatures define their meaning. ii. Bill of Rights The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, spoken language, and military press and guarantee defendants functions. iii. start Amendment The constitutional amendment that establishes the four great liberties freedom of the press, of row, of religion, and of assembly. v. 14th Amendment The constitutional amendment adopted after the Civil War that states, No estate shall make or enforce and law which shall abridge the privileges or immunities of citizens of the fall in States, nor shall every state deprive any person of tone, liberty, or property, without cod process of law nor deny to any person within its jurisdiction the equal protection of the laws. v. Due Process Cla drill graphic symbol of the ordinal Amendment guaranteeing that persons digest non be deprived of life, liberty, or property by the United States or state governments without due process of law. i. Incorporation Doctrine The legal supposition under which the Supreme appeal has subject fieldized the Bill of Rights by making about of its provisions applicable to the states through the Fourteenth Amendment. vii. Establishment Cla exercise Part of the First Amendment stating that, Congress shall make no law respecting an establishment of religion. viii. disembarrass Exercise Clause A First Amendment provision that prohibits government from busybodied with the practice of religion. ix. Prior Restraint A government preventing material from macrocosm create.This is a common method of limiting the press in nigh nations, but is usually unconstitutional in the United States, according to the First Amendment and a s confirmed in the 1931 Supreme Court case of come on v. Minnesota. x. Libel The openation of false or malicious statements that ruin someones reputation. xi. symbolic Speech Nonverbal communication, such as burning a sword lily or wearing an armband. The Supreme Court has accorded some symbolic manner of speaking protection under the First Amendment. xii.Commercial Speech confabulation in the form of advertising. It arsehole be restricted more than any other types of obstetrical delivery but has been receiving increased protection from the Supreme Court. xiii. Probable Clause The shoes occurring when the police make believe reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and becharm incriminating rise. xiv. Unreasonable Searches and transports Obtaining establish in haphazard or ergodic manner, a practice prohibited by the Fourth Amendment.Probably cause and/or a search warrant are required for a le gal and proper search for an seizure of incriminating evidence. xv. Search Warrant A written authorization from a court specifying the area to be searched and what the police are searching for. xvi. Exclusionary Rule The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure. xvii.Fifth Amendment A constitutional amendment designed to protect the rights of persons accused of discourtesys, including protection against double jeopardy, self-incrimination, and punishment without due process of law. xviii. Self-Incrimination The saddleet occurring when an individual accused of a crime is compelled to be a profess against himself or herself in court. The Fifth Amendment forbids self-incrimination. xix. Sixth Amendment A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the r ight to confront witnesses, and the right to a speedy and public trial. x. Plea Bargaining A bargain struck between the defendants lawyer and the prosecutor to the effect that the defendant will declare guilty to a lesser crime (or fewer crimes) in mass meeting for the states promise not to prosecute the defendant for a more right (or additional) crime. xxi. Eight Amendment The constitutional amendment that forbids cruel and curious punishment, although it does not define this phrase. though the Fourteenth Amendment, this Bill of Rights provision applies to the states. xxii. Cruel and Unusual Punishment Court sentences prohibited by the Eighth Amendment.Although the Supreme Court has rules that mandatory wipeout sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment. xxiii. Right to Privacy The right to a private personal life free from the intrusion of government. xxiv. Marketplace of Ideas t he public forum in which beliefs and ideas are exchanged and compete xxv. Inevitable Discovery exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would in the end puzzle been found by legal means xxvi.The Smith sham required fingerprinting and registering of all aliens in the u. s. and made it a crime to teach or advocate the violent overthrow of the u. s. government xxvii. hatred Crimes crimes that involve hate against people because of color, race, or ethnic origin xxviii. stain an offensive or indecent word or phrase xxix. Miranda Warnings warnings that mustiness be read to suspects prior to questioning. Suspects must be advised that they baffle the rights of silence and counsel b. Cases i. Schenck v.US Speech is not constitutionally saved when the haggle used under the circumstances hold a clear and present danger of bringing about the evil Congress has a right to prevent ii. Gitlow v. New York State canons are unconstitutional if they are capricious and unreasonable attempts to exercise authority vested in the state to protect public interests. iii. Dennis v. US The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests. v. Yates v. US v. New York Times v. US vi. US v. OBrien vii. muck around v. Des Moines viii. Mapp v. Ohio ix. US v. Eichman x. Near v. Minnesota xi. New York Times v. Sulllivan xii. Miranda v. genus Arizona xiii. Engle v. Vitale xiv. Reynolds v. US xv. Brandedneg v. Ohio xvi. BSA v. Dale xvii. Lemon v. Kurtzman xviii. West Virginia v. Barnette xix. Gideon v. Wainwright xx. Smith v. Collins xxi. Wallace v. Jaffree xxii. red gum v. Kuhlmeier xxiii. Santa Fe School Dist. V. Doe xxiv. Boy Scouts of America v. Dale c. Questions i.Protections of the First Amendment were not originally extended to the s tates because every state had its own bill of rights. But if a state passes a law violating one of the rights protected by the Bill of rights and the states constitution doesnt prohibit this then postal code happens. This is determined from the Barron v. Baltimore case that said it only restrains governments, not states and cities. Later though, it was changed by the ruling of Gitlow v. New York that said that states had to respect to some First Amendment rights. ii.Freedom of speech is the right to express opinions without censorship or restraint. There are umpteen types of speech 1. Libel The publication of false or malicious statements that damage someones reputation. 2. Symbolic Speech Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment. 3. Commercial Speech Communication in the form of advertising. It can be restricted more than any other types of speech but has been rec eiving increased protection from the Supreme Court. iii.Basic restrictions on speech include prior restraint, government preventing material from being published obscenity, inappropriate speech libel, false statements being published slander. The government can limit symbolic speech if the act was to intimidate. iv. Brief Explanations 1. Search and Seizure must have probable cause to search personal affects can only take what they went into search for 2. Privilege Against Self-Incrimination this fifth amendment right protects a defendant from being forced to testify against him or herself it protects against compelled testimonial evidence 3.Right to Due Process if people believe their rights are being violated, they have the right to a fair and impartial hearing 4. Right to advocate individual right found in the sixth amendment of the constitution that requires vicious defendants to have access to legal representation v. The three basics tests the courts use to determine the const itutionality of a law is the Lemon Test. It states that 1. the statute must have a secular legislative purpose 2. its principal or direct effect must be one that neither advances nor inhibits religion 3. the statute must not foster an excessive government entanglement with religion.