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Political Science 1101 Vocabulary
Textbook: We the People, Chapter 16-18
110
Political Studies
Undergraduate 1
10/05/2009

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Term
Griswold vs. Conneticut
Definition
1965
led to privacy rights
Term
appeal
Definition
to take a case to a higher court for review
Term
aggravating circumstances
Definition
the factors which the prosecution introduces in a capital case
Term
arbitrary
Definition
behaviour unrestricted or unrestricted by law
Term
arraignment
Definition
the procedure durig which the defendant comes before a judge to hear formal charges in the indictment and to lead to guilty or not guilty.
Term
arrest
Definition
taking a peson suspected of a crime into custody
Term
arrest warrant
Definition
a paper signed by a judge naming an individual to be officially held for a crime
Term
bail/bond
Definition
money or property the accused deposits with the court to gain release from jail until the trial begins
Term
booking
Definition
the official recording of an arrest
Term
challenge or cause
Definition
to take formal exception to a juror
Term
charge to the jury
Definition
an address by a judge to a jury at the closeof the trial, instructing them as to the legal points involved in the case.
Term
charges
Definition
a prosecuting attorney's formal accusation of the defendant for allegedly committing a crime
Term
deadly force
Definition
the restrictions placed on the amount of constraint which a police may use in apprehending a suspected felon.
Term
defendant
Definition
a person against whom civil or criminal suit is brough in court
Term
double jeopardy
Definition
retrial of a person not found guilty in a previous trial for the same crime.
Term
drug courier profile
Definition
those characteristics which constitute probably cause to suspect that one is drug smuggler or drug seller.
Term
due process
Definition
the principal requiring that a law must be applied in a fair manner.
Term
exclusionary rule
Definition
a law prohibiting the the use of illegally obtained evidence in a federal court
Term
exigent circumstances
Definition
emerency situations which warrant making exceptions to traditional criminal justice proceedings (i.e: kidnappings)
Term
frisk
Definition
to pat down the exterior clothing or search someone for weapons
Term
collateral evidence
Definition
illegal evidence that can be used if police can show that they would have found it anyway.
Term
"fruits of a poison tree" doctrine
Definition
Supreme Court principle which says that evidence obtained illegally cannot be used in court.
Term
grand jury
Definition
the group that hears charges against a person suspected of having committed a crime and decides whether there is sufficient evidence to bring the person to trial.
Term
hearsay
Definition
second-hand testimony obtained about what one has heard from another person
Term
hot pursuit
Definition
the act of chasing a criminal or suspected felon
Term
hung jury
Definition
a jury that cannot agree on a verdict
Term
immunity
Definition
freedom from prosecution for witnesses whose testimony ties them to illegal actions
Term
impanel a jury
Definition
to select a jury from a list of perspective jurors
Term
impartiality
Definition
to be unbiased or unprejudiced in opinion
Term
in loco parentis
Definition
the legal philosophy that recognizes school officials right to operate in place of the parents.
Term
in plain view
Definition
exception to traidtional rules of warranted searches due to the fact that contraband is clearly visible
Term
indictmetn
Definition
a charge by a grand jury that a person committed a particular crime.
Term
indigent
Definition
lacking the necessities of life because of poverty
Term
Mirandize
Definition
the act of an individual being read their rights before being questioned
Term
mistrial
Definition
a trial terminated without conclusion on the merits of the the case of some error in proceedings.
Term
mitigating circumstances
Definition
the factors which the defense introduces in a capital case which would give the jury reason to deny a death penalty punishment
Term
motion for change of venue
Definition
request to move the location of a trial becuase the pretrial publicity would prevent a defendant from getting a fair trial.
Term
motion for continuance
Definition
a request to postpone a lawsuit to gain more time to prepare the case
Term
motion for discovery
Definition
a request by the defendant to examine, before trial, certain evidence prepared by the prosecution
Term
motion to suppress
Definition
a request filed by a criminal defense attorney, asking the court to exclude certain evidence
Term
"no knock"
Definition
exception to traditional seach and seizure procedures whereby the police are allowed to enter without identifying themselves first due to possible situations which might proved dangerous to individuals
Term
nolo contendere
Definition
a defendant's response to criminal charges that does not admit guilt but also does not contest the charges
Term
pauper
Definition
a very poor person
Term
peremptory challenges
Definition
to remove a juror because of race, ethnic origin, or sex
Term
perjury
Definition
lying under oath
Term
permissible perimeter
Definition
the area around someone who is being arrested that can be searched without a warrant.
Term
personal recognizance
Definition
a release from legal custody based on a defendant's promise to return to court
Term
petit jury
Definition
a trial jury that weighs the evidence presented incourt and renders a verdict
Term
plea bargaining
Definition
the process under criminal law by which an accused person agrees to plead guilty in exchange for a promise from the prosecutor to reduce the charges or the punishment
Term
preliminary hearing
Definition
pretrial proceedin at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant
Term
presumption of innocence
Definition
the status of the accused at the beginning of a trial which puts the burden of proof on the prosecution to prove guilt rather than the defense having to prove innocence
Term
privileged testimony
Definition
those few persons whose relationship to an acused person makes them immune frm giving incriminating statements to investigating authorities
Term
probable cause
Definition
a reasonable basis for believing that a person or premise is linked to a crime
Term
property rights
Definition
the fundamental right of an individual to own, use, rent, invest in, buy and sell property
Term
prosecution
Definition
the party who brings charges against the defendant in a criminal case
Term
search and seizure
Definition
procedures covered in the fourth amendment which have to do with police investigation and arrest or detention
Term
search warrant
Definition
an order signed by a judge describing a specific place to be examined for specific items
Term
self-incriminations
Definition
giving evidence and/or answering questions that would tend to subject one to criminal prosecution
Term
sequester
Definition
hold apart or segregate
Term
strike
Definition
to choose from a given panel the persons to serve on a jury
Term
subpoena
Definition
a legal order that a person appear or produce requested documents
Term
third degree
Definition
mental or physical torture used to obtain a confession
Term
venue
Definition
the location of a trial
Term
verdict
Definition
the finding or answer of a jury in a matter submitted for their judgment
Term
voir dire
Definition
questioning of perspective jurors to determine any possible prejudice or bias either for or against the defendant
Term
waive
Definition
to voluntarily give up one's rights or to consent to something
Term
writ of assistance
Definition
a blank or general search warrant
Term
writ of habeas corpus
Definition
a court order to relase a person accused of a crime to court to determine whether he or she has been legally detained.
Term
affirmation action
Definition
requirement that employers and other institutinos must take positive steps to remedy the effects of past discrimination against minorities and women
Term
boycott
Definition
to abstain from using, buying, dealing with to expres protest or coerce
Term
Brown v. Board f Education of Topeka
Definition
1954, Supreme court ruling which ended separate but equal doctrine
Term
Chicano
Definition
name for a mexican american
Term
Civil Rights Act of 1964
Definition
legislation considered the most comprehensive of the civil rights legislation; it forbade racial discrimination in public accomodations
Term
civil rights movement
Definition
the efforts in the 1950's
Term
de facto segregation
Definition
segregation that results from governmental action
Term
de jure segregation
Definition
racial segregation that results from governmental action
Term
discrimination
Definition
unfair treatment of individuals based on race, sex, ethnicity, age, or religion
Term
disenfranchise
Definition
to take away or lose the right to vote
Term
disparate impact
Definition
the tendency o a law or regulation to have a differential effect on persons of different races or sex.
Term
EEOC
Definition
1972, law which strengthened earlier las by prohibiting sex discrimination in activities ranging from hiring and firing to promotion, pay, and working conditions (Equal Employment Opportunity Act)
Term
equal protection clause
Definition
clause in the fourteenth amendment that forbids any state to discriminate against persons because of race, national origin, or sex
Term
15th amendment
Definition
removed from the states the power to deny the right to vote based on race, color, or previous condition of servitude
Term
14th amendment
Definition
that which became the basis for the formal definition of US citizenship and served as the basis of civil rights protection
Term
freedom of information act
Definition
1966, congresssional law requiring federal agencies to provide citizens access to public records on request
Term
freedo riders
Definition
individuals in the civil rights movement of the sixties who helped integrate public transportation
Term
fundamental right
Definition
one that the constitution explicitly guarantees
Term
grandfather clause
Definition
a provision that makes an exemption in the law for a certain group based on previous conditions
Term
heightened scrutiny
Definition
the intermediate test for discrimination when the burden is on the gov't to show that its classifications serves "important gov'tal objectives" and is substantially related to those objectives.
Term
hispanic
Definition
an American citizen of Spanish descent
Term
human rights
Definition
fundamental freedoms
Term
Jim Crow laws
Definition
one requiring racial segregation in such places as schools, neighborhoods, public transportation, and restaurants
Term
Latino
Definition
another name for Hispanics
Term
literacy test
Definition
requirement imposed by some states that prospective voters must prove they understand national and state laws
Term
natural rights
Definition
rights of all citizens to dignity and worth, aka human rights.
Term
Plessy vs. Ferguson
Definition
1898, Supreme Court decision which legalized separate but equal
Term
poll tax
Definition
money paidin order to be able to vote
Term
prejudice
Definition
an unreasonable and unfavorable opinion, especially of a hostile nature against a racial, religious, or national group
Term
quasi-suspect class
Definition
a class of citizens to which the heightened scrutiny test for discrimination applies
Term
racial gerrymandering
Definition
the drawing of election districts so as to ensure that members of a certain race are a minority in all districts
Term
reasonable standardness
Definition
basis for judging sex discrimination which says that any law that classifies people on the basis of sex, "must rest on some ground of difference and not be arbitrary"
Term
restrictive covenants
Definition
a restriction in a deed limiting to whom property may be sold and how it may be used.
Term
reverse discrimination
Definition
unfair treatment of people that results from he attempt tocounter the effects of discrimination of others
Term
security classification system
Definition
the provision that information on gov't activities related to national security and foreign policy may be kept secret
Term
separate but equal doctrine
Definition
the policy allowing separate facilities for diferentiates as long as those facilities were equal
Term
strict scrutiny
Definition
the most stringent test for discrimination used when a suspect class or a fundamental right is involved
Term
suffrage
Definition
the right to vote
Term
Sunshine Act of 1976
Definition
one that prohibits public officials from holding meetings not open to the public.
Term
suspect classification
Definition
one that is subject to strict judicial scrutiny
Term
University of California Regents vs. Bakke
Definition
Supreme Court hearing which upheld affirmative action but prohibited reserve discrimination
Term
white primary
Definition
tactic of southern Democrats which disenfranchised black coters by denying them participating in the only viable election in the all-Democratic south.
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