Exclusionary Rule
Improperly gathered evidence may not be introduced in a criminal trial
Miranda Rule
Requirement that police inform suspects that they have a right to remain silent and a right to have counsel while being interrogated. Failure to inform suspects of their rights will result in any confession or evidence thus obtained being inadmissible aga
Probable Cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. (you, plainview, and things under your immediate control)
Good/ Faith Exception
an error in gathering evidence sufficiently minor that it may be used in a trial
Symbolic Speech
an act that conveys a political message
Miranda v. Arizona
1966. Miranda rights. Trial = Ernesto Miranda
Self-Incrimination
When a criminal says something that compromises his innocence
Reaonableness
Whether arrest/evidence for search warrent, etc is logical
Tinker v. Des Moines
1969. Public school students may wera armbands to school potestin against war in Vietnam when it does not disrupt class
Mapp v. Ohio
1961. Rule that evidence illegally gathered by police can't be used in a criminal poster was established.
Gideon v. Wainwright
1964. Person's charged with a crime have a right to an attorney even if they can't afford one
Schneck v. US
1919.Speech may be punished if it creates a clear and present danger
Bail
a sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time
Patriot Act
Allows FBI to seek record of possible terrorists from banks, businesses, and libraries
Everson v. Board of Education
1947. New Jersey transporting children to religious schools(tax)
Bethel v. Fraser
1986. Obscene lanuage in school speech
New jersey v TLO
1985. Established search and seizure
Free Exercise Clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Freedom of Religion
People shall be free to exercise their religion, and government may not establish a religion.
Freedom of Expression
right of people to speak, publish, and assemble
Establishment Clause
the First Amendment guarantee that the government will not create and support an official state church
Selective Incorporation
court cases that apply Bill of Rights to states (except the 2nd, 3rd, 5th, 7th, and 8th amendments)
14th Amendment
1868. No states shall deprive any person of life, liberty, or property with out due process of law
First Amendment
an amendment to the Constitution of the United States guaranteeing the right of free expression, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the pr
Second Amendment
right to bear arms
5th Amendment
Right to be indicated by a grand jury before being tried for a serious crime
7th Amendment
Right to a trial by jury in civil cases
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
4th Amendment
No unreasonable searches or siezures
Lemon Test
Secular purpose. Can't advance religion, goverment can't have an excessive entanglement with religion. Court uses in Establishment cases. (lemon v. kurtzman)
Smith Act
illegal to discuss overthrowing the government.1940
Due Process of Law
Denies the government the right, without due process, to deprive people of life, liberty and property.
Equal Protection of the Law
a standard of equal treatment that must be observed by the government
Clear and Present danger test
Law shouldn't punish speech unless there is a clear and present danger of producing harmful actions
Libel
(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement
Slander
words falsely spoken that damage the reputation of another
Obscenity
Protection is given to almost any form of visual or auditory communication
Wall of Seperation
Court ruling that government cannot be involved with religion (Jefferson)
Espionage and Sedition Acts
1917-1918. Made it a crime to utter false statements that would interferen with the military (red scare and Palmer)
Search Warrent
A judge's order authorizing a search.
Prior Restraint
government censorship of information before it is published or broadcast