Vocabulary Terms

Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment's due process clause to prevent state infringement of basic liberties.

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Due process
Protections owed to individuals prior to governments taking away life, liberty or property, as outlined in the Fifth and Fourteenth Amendments
Exclusionary rule
Evidence obtained illegally in violation of the Fourth Amendment is not admissible in court; established by the Mapp v. Ohio case
Fifth Amendment
Protects against double jeopardy and forced self-incrimination, provides for grand juries and compensation for eminent domain
Gideon v. Wainwright
Court case that incorporated the right to a public defender paid for by the state for indigent defendants
Impartial jury
Protected in the Sixth Amendment, the right for criminal defendants to a jury of their peers
McDonald v. Chicago
Court case that incorporated an individual right to bear arms in the Second Amendment against the states
Miranda rule
Created from the Miranda v. Arizona case, this specifies that individuals must be warned of their legal rights prior to interrogation by police
Pretrial rights
Fourth Amendment protections against evidence seizure, and Fifth Amendment protections against police procedure plus the right to grand jury proceedings in capital cases
Right to legal counsel
Protected in the Sixth Amendment and incorporated in Gideon v. Wainwright; now includes the right to a free public defender for poor defendants
Right to privacy
Created by the Supreme Court in the Griswold v. Connecticut case to explain why some personal decisions should not be regulated by governments
Roe v. Wade
Court case that ruled state bans on abortion as unconstitutional
Selective incorporation
Choosing protections in the Bill of Rights and applying them to the states by combining with the Fourteenth Amendment's due process clause
Sixth Amendment
Provides for the right to a speedy and public trial by jury in criminal cases, and the right of defendants to counsel
Speedy and public trial
Due process protection in the Sixth Amendment to face one's accusers in open court
Unreasonable search and seizure
Protected against in the Fourth Amendment; occurs when police search personal belongings or take property without authorization via warrant
Unwarned interrogation
In violation of rights created by Miranda v. Arizona, when police interrogate a suspect without warning them of legal rights first
Provides a lot of mechanisms for increased government surveillance of both foreign nationals and U.S. citizens after the attacks of 9/11/2001