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| Adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans |
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| Those rights of the people that are protected by the Bill of Rights |
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| Clear and Present Danger Doctrine |
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| Established in Schenck v. United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security. |
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| Cruel and Unusual Punishment |
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| Doctrine found in the Eighth Amendment to the Constitution that prohibits the federal government from imposing excessive penalties for crimes committed. |
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| Legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime. |
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| Protection against arbitrary deprivation of life, liberty, or property as guaranteed by the Fifth and Fourteenth Amendments. |
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| Component of the First Amendment to the Constitution that defines the right of the citizens to practice their religions without governmental interference. It also places a restriction on government creating a “wall of separation” between church and state. |
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| Rule that resulted from the Mapp v. Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial. |
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| Established in Chaplinsky v. New Hampshire (1942) the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence. |
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| A clause in the First Amendment to the Constitution stating that Congress shall make no law prohibiting the “free-exercise” of religion. |
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| The constitutional rights of Americans to “freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” as outlined in the First Amendment to the Constitution |
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| The religious rights of Americans outlined in the First Amendment to the Constitution. The amendment states that “Congress shall make no law respecting an establishment of religion; or abridging the free exercise thereof.” |
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| Gitlow v. New York (1925) |
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| Landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time. |
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| Admission at a trial of evidence that is gathered in violation of the Constitution if the violation results from a technical or minor error. |
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| Incorporation of the Fourteenth Amendment |
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| Doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. Even though the Fourteenth Amendment was ratified in 1868, incorporation started to take place in the 1920’s. It reached a peak during the Warren Court in the late 1950’s and 1960’s. |
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| A formal list of charges made by a grand jury and guaranteed in the Fifth Amendment. |
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| The extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state governments. |
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| A written statement that defames the character of another person. |
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| A legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive. The doctrine was declared constitutional in the case of Cruzan v. Missouri Department of Health (1990) |
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| Making a charge that unfairly or dishonestly tarnishes the motives, attacks the patriotism, or violates the rights of individuals, especially of political opponents. Refers to the numerous accusations of communism made by Senator Joseph McCarthy in the 1950’s |
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| Those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said can be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the accused cannot afford one, that the accused understands these rights, and that the accused has the right to refuse to answer any questions at any time and request a lawyer at any point. |
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| The traditional view of the press’s right to free speech rights as expressed by William Blackstone, the great English jurist. According to this view, the press is guaranteed freedom from censorship—that is, rules telling it in advance what it can publish. After publication, however, the government can punish the press for material that is judged libelous or obscene. |
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| Good reason to believe that a crime has been committed and that the evidence bearing on that crime will be found at a certain location. |
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| A series of steps that are established by the Fifth, Sixth and Seventh Amendments that protect the rights of the accused at every step of the investigation. |
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| An order from a judge authorizing the search of a place, the order must describe what is to be searched and seized, and the judge can only issue it if he or she is persuaded by the police that good reason (probable cause) exists that a crime has been committed and that the evidence bearing on the crime will be found at a certain location. |
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| Separation of Church and State |
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| Also known as the “establishment clause”, it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state-supported religion. |
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| An oral statement that defames the character of another person. |
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| Legal process that places limits related to the content of legislation and the extent of government can use its power to enact reasonable laws. |
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| Form of free speech interpreted by the Supreme Court as a guarantee under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American Flag in protest for political reasons. |
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| Wall of Separation Principle |
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| A Supreme Court interpretation of the Establishment clause in the First Amendment that prevents government involvement with religion, even on a nonpreferential basis. |
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| A Latin term meaning “you shall have the body.” A court order directing a police officer, sheriff, or warden who has a person in custody to bring the prisoner before a judge and show sufficient cause for his or her detention. The writ of habeas corpus was designed to prevent illegal arrests and imprisonment. |
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