Chapter 4: Civil Liberties (Criminal Procedure (Exclusionary rule (states…
Chapter 4: Civil Liberties
The freedoms and protections against arbitrary governmental actions given to the people in a democratic society.
Restrictions on the Government
The Bill of Rights
First 10 amendments made to protect citizens rights
Restrictions on State Violations of Civil Liberties
Incorporation Doctrine: The idea that the specific protections provided in the U.S. Bill of Rights are binding on the states through the “due process” clause of the Fourteenth Amendment.
Freedom of Religion
A clause in the First Amendment of the Constitution that states that government cannot establish a religion.
Free Exercise of Religion
The First Amendment guarantee that individuals are free to choose religious beliefs and practice them as they see fit or to not practice any religion at all.
Separation of Church and State
The idea that neither national nor state governments may pass laws that support one religion or all religions or give preference to one religion over others.
Freedom of Expression
The Founders wanted it to be interpreted literally so that Congress should make “no laws” about the expression of views.
The view of freedom of expression that states the obligation to protect rights must be balanced with the impact on society of the action in question.
Right to Privacy
An individual’s right to be free of government interference without due cause or due process
states that evidence obtained from an unreasonable search or seizure cannot be used in federal trials.
Inevitable discovery exception
evidence obtained from an illegal search may be used in court if the evidence eventually would have been discovered through legal means.
Good faith exception
allows evidence obtained in a search with a flawed warrant to be admissible as long as the law officer believed the warrant was valid at the time of the search.
Miranda v. Arizona
The 1966 case that established a criminal suspect’s right against self-incrimination and right to counsel during police interrogation.