Civil Liberties: Protecting Individual Rights

1. Civil Liberties:Protecting Individual Rights Chapter 20 Section 1 Due Process of Law

2. Due Process The government cannot deprive anyone of �life, liberty or property, without due process.� The government must act fairly, using fair laws, with fair procedures.

3. Substantive Due Process Sometimes governments pass laws which are not constitutional Skinner v. OK, 1942 � OK required all felons with 3 convictions to be castrated It was overturned as unconstitutional and the law was thrown out

4. Substantive Due Process Pierce v. Society of Sisters, 1925 � the law required all students to attend public school, destroying private and parochial schools The court threw out the law. Students may attend any school for their education.

5. Procedural Due Process Sometimes governments pass good laws but are poorly implemented Rochin v. CA, 1952 � Rochin swallowed drugs and had his stomach pumped to get it Police may not invade a person to get evidence

6. Procedural Due Process Miranda v. AZ, 1966 � Miranda confessed to rape without knowledge that he could get an attorney. The portion of the law that was not followed was eliminated and Miranda received a new trial.

7. Police Power The police are the �middle men� between governmental laws and the public. They are responsible to promote the public health, safety, morals and general welfare Conflicts arise frequently

8. Testing for Drunkenness What are the correct procedures to determine sobriety? Breathalyzer Walk a line Touch your nose Blood test All have been or are being used

9. Testing for Drunkenness Courts usually side with the police in order to protect the public from drunk drivers. Schmerber v. CA, 1966 � found it ok to draw blood to check for alcohol content

10. Other Laws States can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution and require vaccinations States can forbid concealed weapons, require seat belt use, and punish drunk drivers

11. Other Laws States can regulate gambling and out law the sale of pornography and prostitution. States can require compulsory education, provide medical care and limit the profits of untility companies.

12. Rights of Privacy The Constitution grants us the �right to be let alone� Griswold v. CN, 1965 � found a state law prohibiting birth control counseling and all devises to be unlawful The Courts cannot police bedrooms

13. Roe v. Wade, 1973 Texas made abortion a crime The USSC found the law unconstitutional Woman may receive an abortion in the first trimester (3 mo) The state can make restrictions for woman to receive an abortion in the second trimester (6 mo)

14. Roe v. Wade, 1973 States can choose to prohibit abortions during the last trimester, also called partial birth abortions, except when saving the life of the mother

15. Complex Abortion Rulings Some states have passed laws to restrict abortions Most have enacted laws requiring women have counseling before an abortion and wait 24 hours Women under 18 must have parental permission

16. Complex Abortion Rulings Harsher requirements that try to restrict the decision of Roe v. Wade are overturned by the USSC CA just rejected a parental notification law for 17 year old girls

17. Complex Abortion Rulings The USSC overturned a PA law requiring a woman to notify her husband of an abortion

18. Civil Liberties:Protecting Individual Rights Chapter 20 Section 2 Freedom and Security of the Person

19. Slavery Until the 13th Amendment, in 1865, states could decide for themselves whether to condone involuntary servitude, slavery The military draft is not involuntary servitude

20. 13th Amendment When America outlawed slavery, it did not ban discrimination, feeling it did not have the authority to delegate race-based discrimination Discrimination and segregation were the norm until 1968

21. Jones v. Mayer, 1968 Jones sued Mayer because he refused to sell him a house in a white-only neighborhood. The Court backed Jones, using the 13th Amendment � �shall have the same right, in every State��

22. Runyon v. McCray, 1976 An all white private school refused to admit 2 black children The court sided with the children because the school advertised to the public, therefore, must be equally accessible regardless of race

23. Right to Keep and Bear Arms The 2nd Amendment was written to protect citizen-soldiers Many claim that it protects anyone who wants to own a gun States can make their own regulations regarding gun ownership

24. Quartering of Soldiers The 3rd Amendment was written as protection Prior to the Revolution, Britain kept soldiers in private homes To date, there has never been a court case regarding this amendment

25. Search and Seizure The 4th Amendment was written to prevent the use of writs of assistance, blanket search warrants Questions about this amendment have been decided by the USSC numerous times

26. Search and Seizure Police must, in most cases, have a search warrant after proving to a judge that they have probably cause to suspect a crime. There are occasions when police do not need a search warrant

27. No Search Warrant if: Evidence of a crime may move The police witness the crime Evidence is in plain view A crime is in progress

28. Exclusionary Rule Evidence not collected properly cannot be used in court Attorneys will frequently attempt to show that seizure of evidence was obtained illegally so it will be excluded from trial

29. Mapp v. Ohio, 1961 Police entered and searched Dollree Mapp�s home looking for gambling paraphernalia. They only found pornography The case of overturned because the evidence was obtained without a warrant.

30. Suppose there�s a mistake The Court has generally allowed evidence if there are errors in the warrant. If the warrant says �auto pants� instead of �auto parts� If the evidence would have been discovered without a warrant

31. Suppose there�s a mistake Good faith conclusions by police, thinking the warrant was good when it was not valid When police make an �honest mistake�

32. Drug Testing Employees may be subject to mandatory drug testing Students may also be made to submit to drug testing if they participate in extracurricular activities and it is random

33. Wire Tapping Courts normally protect an individual�s right to privacy To use information learned from bugging and individual, a search warrant must be used.

34. Civil Liberties Chapter 20 Section 3

35. Vocabulary Writ of habeas corpus � a court order making the government allow the accused a hearing and an explanation for their detainment Bill of Attainder � laws that affect only 1 individual or group

36. Vocabulary Ex post facto � laws passed after the fact Grand jury � a formal group selected to look at evidence to see if charges warrant being filed Double Jeopardy � no one can be tried for the same crime twice

37. Vocabulary Bench trial � only a judge hears a case �It is better that ten people go free than that one innocent person be punished�

38. Rights of the Accused People accused of a crime are afforded certain rights Judges have suspended the writ of habeas corpus during times of war, such as after Pearl Harbor It was found to be unconstitutional Lincoln also did it - legally

39. Rights of the Accused Federal, state, or local governments may not enforce ex post facto laws EX � if a person does something today that is legal, if a law forbidding it passes tomorrow, the person cannot be prosecuted for doing the act

40. Rights of the Accused People are chosen to be on a grand jury for 1 year. They meet, usually once a month, to look at evidence to be sure that the evidence found is enough to warrant a criminal trial All sessions are secret and only the prosecutors are present

41. Rights of the Accused People cannot stand trial twice for the same crime. They can stand trial for the same type of crime They can stand trial in federal and state courts for the same crime They can face civil and criminal courts for the same crime

42. Rights of the Accused Accused people have the right to s speedy trial � 100 days from the time of arraignment to trial Tom Delay was arrested in October and is expecting to go to trial in December by his request

43. Rights of the Accused OJ Simpson asked for a speedy trial hoping the prosecution would not be ready to try him � they were not

44. Rights of the Accused The 6th Amendment guarantees a public trial Judges can limit the number of spectators and decide if the case is televised This is important in rape and child molestation cases

45. Rights of the Accused The 6th Amendment guarantees that the accused be tried in front of an �impartial� jury This clause allows attorney to question potential jury members to test for bias The accused can ask for a bench trial

46. Rights of the Accused The 6th Amendment guarantees that the accused be represented by an attorney Gideon v. Wainwright � FL would not appoint a free attorney for a non-capital case. It was overturned by the USSC and Gideon received a new trial

47. Rights of the Accused Escobedo v IL � Escobedo was denied the right to see his attorney after asking numerous times His case was thrown out and he was released from prison

48. Rights of the Accused The 5th Amendment guarantees the right of the accused not to incriminate himself The prosecution must prove the case against the accused The accused does not have to testify in court or answer questions

49. Rights of the Accused Miranda Warnings are routinely given to all accused TX v. Cobb � Cobb confessed to murder without his attorney. His conviction was upheld because he did not ask for help from his attorney before he confessed

50. Civil Liberties Chapter 20 Section 4

51. Vocabulary Bail � money put up with a promise to return to court Preventive detention � people denied bail because they are a flight risk Capital Punishment � death penalty Treason � crimes against the US

52. After an Arrest Once people are arrested, they have a hearing The judge determines, with the help of the prosecuting and defense attorneys, if bail will be allowed.

53. After an Arrest Bail is established to allow the accused freedom until they are convicted and because the accused may find it easier to prepare for trial on the outside Bail may not be excessive � 8th Amendment

54. After an Arrest The 8th Amendment forbids cruel and unusual punishment Electrocution, hanging and firing squad have each been determined as constitutional forms of punishment

55. After an Arrest It has been found constitutional for the courts to assign sever punishments for a person found guilty of their 3rd felony conviction.

56. After an Arrest Lockyer v. Andrade, 2003 � tested CA 3 strikes rule and found that Leonard Andrade could not be charged for 3 simultaneous thefts from Kmart as 3 crimes.

57. After an Arrest People have been convicted under the 3 strikes law for Stealing a pizza Marijuana possession Shoplifting Assault

58. Capital Punishment The death sentence has been reserved for some violent criminals There have been numerous cases challenged usually dealing with the methods used to implement death

59. Capital Punishment The death penalty has been put aside for various reasons, and for varying lengths of time CA commuted all death penalty cases in the early 1970s

60. Capital Punishment Convicted murderers were re-sentenced to life in prison

61. Capital Punishment The death penalty may not be used on the mentally retarded or mentally ill The death penalty has been called racist and elitist since most of the executed have been poor and black

62. Capital Punishment In 2000, Gov. Ryan, IL, commuted all death sentences because of the number of �guilty� people found innocent after DNA testing

63. Capital Punishment States impose the death penalty for murder, rape, kidnapping etc The federal government can impose the death penalty for treason

64. Capital Punishment John Brown was hung after his raid on Harpers Ferry So were Julius and Ethel Rosenberg for selling atomic secrets to the Russians