Civil Liberties - AP Gov Flashcards

Supreme Court of the United States
Terms Definitions
"Voluntary" confessions
Symbolic Speech
nonverbal communication (picketing)
Second Amendment
right to bear arms
Gregg v. Georgia
reinstated the death penalty
Engel v. Vitale
upheld establishment clause; prohibited school sponsored prayer in public schools (Warren court)
Prior Restraint
A government's preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment as confirmed in 1931 Supreme Court case of Near v. Minnesota
Fourth Amendment
forbids unreasonable searches and seizures
Exclusionary Rule
improperly gathered evidence may not be introduced in a criminal trial
First Amendment
(esablishment clause or the free exercise clause), an amendment to the Constitution of the United States guaranteeing the right of free expression
Eighth Amendment
forbids cruel and unusual punishment, but does not define the phrase [the death penalty often arises in debate over the Eighth Amendment]
Warrantless Searches
Stop and Frisk= must have probable cause/ Plainview= offense in plain view/ Exigent Circumstances= plain crash, bomb, fire/ Auto exception= car jacking/ National Security
Bowers v. Hardwick
criminalization of oral + anal sex=constitutional (overruled by lawrence v Texas)
Direct incitement test
advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur
Good Faith Exception
an error in gathering evidence sufficiently minor that it may be used in a trial (exception to exclusionary rule)
Establishment clause
part of the first amendment stating that "congress shall make no law respecting an establishment of religion."
a writ from a court commanding police to perform a specified act; need under the 4th amendment to perform most searches
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their rights prior to being questioned
Incorporation Doctrine
The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government
Mapp v. Ohio
(1961) The Supreme Court incorporated the exclusionary rule within the rights that restrict the states as well as the federal government
Fourteenth Amendment
an amendment to the Constitution of the United States adopted in 1868, extends the guarantees of the Bill of Rights to the states as well as to the federal government
McCleskey v. Kemp
(1987), The Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants.
Powell v. Alabama
(1932) the Supreme Court ordered states to provide an attorney for indigent defendants accused of a capital crime, in 1963 the court extended the same right to everyone accused of a felony (Gideon v. Wainwright)
Roe v. Wade
(1973) the Courts divided pregnancy into three equal trimesters. Roe forbade any state control of abortions during the first trimester; permitted states to allow regulated abortions to protect the mother's health in the second trimester; and allowed the states to ban abortion during the third trimester except when the mother's life was in danger.
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
"knock and announce"
police must knock and announce their presence before entering a house; required unless reasonable belief that doing so would be dangerous
Freedom of Religion
Right to free religious belief and worship (the first amendment)
Fundamental freedoms
Those rights defined by the Court to be essential to order, liberty, and justice. This is what the court uses to determine if a right should be incorporated.
Argersinger v. Hamlin
(1972) [in addition to Powell v. Alabama and Gideon v. Wainwright] the Court ruled that a lawyer must be provided for the accused whenever imprisonment could be imposed
Wisconsin v. Yoder
(1972) the court allowed Amish parents to take their children out of school after the eighth grade
Sternberg v. Carhart
(2000) The Court held that Nebraska's prohibition of "partial birth" abortions was unconstitutional because it placed an undue burden on women seeking an abortion by limiting their options to less safe procedures and because the law provided no exception for cases where the health of the mother was at risk.
United States v. Leon
(1984) Court case which made exceptions to the exclusionary rule, inclusing the good-faith exception
Free Exercise Clause
he Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
Schenck v. United States
Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech
Freedom of Speech
the right to engage in oral, written, and symbolic speech protected by the First Amendment
Lemon v. Kurtzman
(1971) Ruled that aid could not be given to church related schools unless it had a secular legislative purpose because the government cannot aid the advancement of religion
Barron v. Baltimore
(1833), ruled that the Bill of Rights restrained only the national government and not the states and cities
Planned Parenthood of Southeastern Pennsylvania v. Casey
the Court reaffirmed Roe but upheld that states can put restrictions on abortion
Furman v. Georgia
The U. S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in which case
Right to Privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions
Clear and present danger test
law should not punish speech unless there was a clear and present danger of producing harmful or illegal actions
Webster v. Reproductive Health Services
(1989) a clinic in St. Louis challenged the constitutionality of a Missouri law that forbade the use of state funds or state employees to perform abortions, but the Court upheld the law
The Supreme Court has interpreted the establishment clause of the First Amendment as
prohibiting the sponsorship or encouragement of prayers in public schools.
Cruzan v. Missouri Department of Health
it was acceptable to require "clear and convincing evidence" that victim wanted removal of life support.
New York Times Co. v. Sullivan
A public figure suing a publisher for libel must prove that the publisher published the libelous story knowing it was false
Freedom of Access to Clinic Entrances Act
made it a federal crime to intimidate abortion providers or women seeking abortions.
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