A | B |
double jeopardy | provision in the 5th amendment that one may not be tried twice for the same crime |
due process | protection against arbitrary depreivation of life, liberty, and property |
equal protection of the laws | requirement of the 14th Amendment to the Constitution that state laws may not arbitrarily discriminate aginst persons |
equality of condition | equality in all aspects of life such as personal possessions, living standards, madeical care and working conditions |
fair trial standard | decisions were based on whether the state in a given case had abided by those "canons of decency and fairness" fundamental to the traditional notions of justice |
Gitlow v New York | landmark Supreme Court case that established that the rights of free speech and the press are protected against interference by state governments by the due process clause of the 14th Amendment |
Griswold v Connecticut | Supreme Court case that, in holding that the state regulation of birth control devices were an impermissable invasion of privacy, helped to establish privacy as a constitutionally protected right |
incorporation | process through which the Supreme Court applied the due process clause of the 14th Amendment to extend to the Bill of Rights against state interferences |
Palko v Connecticut | The case in which the Supreme Court ruled the double jeopardy provision of the 5th Amendment does not apply to the states through the 14th Amendment |
Powell v Alabama | Supreme Court ruling that state courts were required to provide counsel to needy defendents in capital cases |
preferred freedoms | 1st Amendment rights, without which a free society could not exist |
procedural due process | refers to those clauses in the U.S. Constitution that protect individuals from unreasonable and unfair government procedures |
selective incorporation | selective application of the protections of the Federal Bill of Rights to the states, also known as absorption |
substantive due process | those judicial interpretations of the due process clause of the Constitution that require that the content of laws be fair and reasonable |