Political Science 100

Exam #2 study guide

103 cards   |   Total Attempts: 188
  

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Cards In This Set

Front Back
Arraignment
The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty
Bill of rights
The first ten amendments to the United States Constitution
Civil liberties
Those personal freedoms, including freedom of religion and freedom of speech, that are protected for all individuals. the civil liberties set forth in the U.S. Constitution, as amended, restrain the government from taking certain actions against individuals.
Clear and present danger test
The test proposed by Justice Olive Wendell Holmes for determining when govt may restrict free speech. restrictions are permissible, only when speech creates a clear and present danger to the public order.
Commercial speech
Advertising statements, which increasingly have been given first amendment protection.
Defamation of character
Wrongfully hurting a person's good reputation. the law imposes a general duty on all persons to refrain from making false, defamatory statements about others.
Establishment clause
The part of the first amendment prohibiting the establishment of a church officially supported by the national govt. schools are not required to have school prayers and teaching evolution versus intelligent design.
Exclusionary rule
A judicial policy prohibiting the admission at trial of illegally seized evidence.
Gag orders
An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.
Habeas corpus
A legal action through which a person can seek relief from their unlawful detention or that of another person. protection from the judicial system.
Hate speech
Abusive speech attacking persons on the basis of their ethnicity, race, or other criteria.  does not reach what is written on the internet.
Death penalty
Is the killing of a person by judicial process as a punishment for an offense.
Gideon v. Wainwright
The court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the govts expense
Death row appeals
The law limits access to the federal courts for all defendants convicted in state courts.  it also imposes a severe time limit on death row appeals.  on avg, it takes seven years to exonerate someone on death row.
Cruel and unusual punishment
The eighth amendment prohibits cruel and unusual punishment.  the court ruled that capital punishment is not necessarily cruel and unusual if the criminal has killed or attempted to kill someone.