Govt Ch 4

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Author:
sarahzim
ID:
83040
Filename:
Govt Ch 4
Updated:
2011-05-01 17:15:29
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Civil Liberties Public Policy
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govt
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  1. Civil Liberties
    individual legal and constitutional protections against the govt; set down in the Bill of Rights
  2. Incorporation Doctrine
    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 14th amendment
  3. What are the 2 clauses in the freedom of religion section of the 1st amendment and what do they mean?
    • establishment clause - there is no established religion
    • free exercise clause - freedom to worship as the people please
  4. Describe 2 aspects of the freedom of religion clause pertaining to education.
    • 1. Federal funds to religious and secular schools must be equal.
    • 2. Prayer in public schools cannot be mandated by the school.
  5. Freedom of Expression
    the right to say or publish what one believes
  6. What three things are not protected under freedom of expression?
    • obscenity
    • libel
    • incitement to violence
  7. Prior Restraint
    refers to a govts actions that prevent material from being published (aka censorship)
  8. Symbolic Speech
    actions that do not consist of speaking or writing but that express an opinion (i.e. flag burning is constitutionally upheld)
  9. Commercial Speech
    communication in the form of advertising; more heavily regulated
  10. What are the 2 parts of the freedom of assembly clause?
    • literal right to assemble
    • right to associate with people who have a common interest
  11. What have the stages of the justice system been compared to?
    a funnel
  12. List the steps of the criminal justice system.
    • crime
    • arrest
    • prosecution
    • trial
    • verdict
  13. Probable Cause
    reasonable grounds to believe that someone is guilty of a crime
  14. Unreasonable Searches & Seizures
    obtaining evidence illegally; upheld by the 4th amendment
  15. Search Warrant
    written authorization specifying an area that can be searched by police and what can be searched for
  16. Exclusionary Rule
    evidence cannot be introduced into a trial unless it was constitutionally obtained
  17. Self Incrimination
    when a suspect is forced/compelled to be a witness against his/herself; 5th amendment forbids it
  18. Plea Bargaining
    bargain truck between defendant's lawyer and prosecutor to the effect that 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
  19. Right to Privacy
    right to a private personal life free from the intrusion of the govt
  20. Describe three constitutionally defined aspects of right to privacy.
    • 1. use of contraceptives is a private matter and cannot be controlled by the state
    • 2. parents have the right to make medical decisions for their children
    • 3. there is not constitutional right to physician assisted suicide
  21. Expansion of the scope of government is marked by what 2 characteristics?
    • an increase in individualism
    • an increase in civil liberties/freedom

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