The Bill of Rights
civil case
A case involving a noncriminal matter such as a contract dispute
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 and public trial.
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.
indictment
A formal charge by a grand jury
petition
A formal request.
grand jury
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
bail
A sum of money used as a security deposit to ensure that an accused person returns for his or her trial
federalism
A system in which power is divided between the national and state governments
Tenth Amendment
Any powers not given to the federal government per the Constitution are reserved for the states. (Example: driving laws)
censorship
Control of what people read or write or see or hear; efforts to prohibit free expression of ideas.
Third Amendment
Government can not force people to quarter troops in their homes
free press
If a country has a free press, its newspapers, magazines and television and radio stations are able to express any opinions they want, even if these criticize the government and other organization
Eighth Amendment
No cruel and unusual punishment, No excessive bail shall be required, nor excessive fines imposed
reserved powers
Powers not specifically granted to the federal government or denied to the states belong to the states and the people
states rights
Refers to political powers reserved for the U.S. State governments rather than the federal government according to the Tenth Amendment.
rights of the accused
The protections that the Constitution guarantees to citizens who are accused of crimes. (amendments 4, 5, 6, 8)
self-incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
criminal case
a case in which a defendant is tried for committing a crime as defined by the law
equal protection under the law
a guarantee under the 14th Amendment that a state must treat a citizen or class of citizens the same as it treats other citizens or classes in like circumstances
impartial jury
a jury who will not be bias toward or against either party. The sixth (for criminal charges) and seventh amendments (for civil cases) guarantee this.
due process of law
a system of justice according to established rules and principles
trial by jury
a trial in which the issue is determined by a judge and a jury, usually with 12 members, whose job is to determine facts and make a judgment of guilty or not guilty; protected in the Sixth Amendment
unenumerated rights
according to the Ninth Amendment, any right that is not specifically addressed in the Constitution still may be protected (e.g., privacy)
First Amendment
an amendment to the U.S. Constitution prohibiting Congress from establishing a religion, and from interfering with freedom of religious exercise, press, speech, assembly, or petition
cruel and unusual punishment
includes torture or other forms of punishment too severe for the crime committed
Fourth Amendment
protects you from unreasonable search and seizure of your home and property
Seventh Amendment
right to a jury trial in a civil case, to settle lawsuits over money or property worth more than $20
Ninth Amendment
states that people's rights are not limited to just those listed in the Constitution (first 8 amendments).
pleading the fifth
the act of a person refusing to testify under oath in a court of law on the grounds that the answers could be used as evidence against him to convict him of a criminal offense
Bill of Rights
the first ten amendments to the U.S. Constitution, establishing rights and protections for American citizens
right to bear arms
the idea in the Second Amendment that people have an individual right to own and carry weapons
search and seizure
the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment
double jeopardy
the prosecution of a defendant for a criminal offense for which he has already been tried
right to legal counsel
the right of a defendant to be assisted by an attorney, and if he cannot afford his own lawyer, the government must appoint one for him; established in the Sixth Amendment
eminent domain
the right of the government to take private property for public use; the Fifth Amendment requires that fair compensation be made when property is taken under eminent domain
Second Amendment
the right to bear arms
suffrage
the right to vote; protected in the 15th, 19th, 24th and 26th Amendments