Gov. ch 4

Free Exercise Clause (First Amendment)

A First Amendment provision that prohibits government from interfering with the practice of religion. The First Amendment also guarantees the free exercise of religion. This guarantees seems simple enough. Whether people hold no religious beliefs, practice voodoo, or go to church, temple, or mosque, they should have the right to practice religion as they choose.

Jury trial (Sixth Amendment)

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy trial. The Sixth Amendment has always guaranteed the right to counsel in federal courts. In state courts a guaranteed right to counsel traces back only to 1932, when the Supreme Court , in Powell v. Alabama, ordered the states to provide an attorney for poor defendants in capital crime cases.

Double jeopardy/self-incrimination (Fifth Amendment)

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Self-incrimination: the situation occurring when an individual accused of a crime is compelled to be witness against himself or herself in court. The Fifth Amendment forbids involuntary self-incrimination The Fifth Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be witness against himself." Whether in a congressional hearing, a courtroom, or a police station, suspects need not provide evidence that can later be used against them.

Prior restraint

Government actions preventing material from being published. Prior restraint is usually prohibited by the First Amendment, as confirmed in Near v. Minnesota. In the US, the First Amendment ensures that even if the government frowns on some material, a person's right to publish it is all but inviolable. That is, it ensures there will not be prior restraint, government actions that prevent material from being published or censored.

Unreasonable searches and seizures (Fourth Amendment)

Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for seizure of incriminating evidence. In addition to needing evidence to make an arrest, police often need to get physical evidence to use in court. To prevent abuse of police power, the Fourth Amendment forbids unreasonable searches and seizures. That is, certain conditions for searches must be met.

Establishment Clause (First Amendment)

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." The first amendment contains two elements regarding religion and government. These elements are commonly referred to as the establishment clause and the free exercise clause.

Due Process Clause (Fourteenth Amendment)

Part of the fourteenth amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law. Specifically, the Court said that freedoms of speech and press " were fundamentally personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states." In effect, the Court interpreted the 14th amendment to say that states could not abridge the freedoms of expressions protected by the 1st amendment.

Cruel and unusual punishment (Eighth Amendment)

The constitutional amendment that forbids cruel and unusual punishment. Punishments for citizens convicted of a crime range from probation to the death penalty. The eight amendment forbids cruel and unusual punishment, although it does not define the phrase. Since 1962, when it was incorporated, this provision of the Bill of Rights has applied to the states.

Civil Liberties

The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights. American civil liberties are set down in the Bill of Rights, the first 10 amendments to the constitution. At first glance, many questions about civil liberties issues may seem straightforward, however not all of them are.

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 Fourteenth Amendment. This decision began the development of the incorporation doctrine. In Gitlow, the Supreme Court held only parts of the first amendment to be binding on the states.

Probable cause

The situation in which the police have reasonable grounds to believe that a person should be arrested. Police cannot arrest a citizen without reason. Before making an arrest, police need what the courts call probable cause to make the arrest Constitutional.