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Core Issues For Courts

Is the law fair and reasonable and within scope of government – substantive due process Are the safeguards, practices and processes followed- procedural due process. Core Issues For Courts. Warrants and probable cause No self-incrimination, right to remain silent

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Core Issues For Courts

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  1. Is the law fair and reasonable and within scope of government – substantive due process Are the safeguards, practices and processes followed-procedural due process. Core Issues For Courts

  2. Warrants and probable cause No self-incrimination, right to remain silent Right to an attorney and bail hearing Plea bargaining and immunity Indictment- grand jury Speedy and public trial before peers (petit jury) Question and present witnesses No double jeopardy for same crime No cruel or unusual punishment Procedural Due Process

  3. Broad Areas: Civil Liberties versus Civil Rights • Civil Liberties - restrains government’s actions against individuals. Person may or may not be a citizen. • Civil Rights are practices/processes granted to citizens. (14th amendment - equal protection under the law)

  4. Freedom of Religion Freedom of Speech Freedom of Press Freedom to Assemble 4 Civil Liberties in 1st Amendment

  5. Freedom of Religion • Two Provisions in 1st Amendment Regarding Religion • Separation of Church and State • Free Exercise of Religion

  6. 1st amendment “establishment clause” forbids use of government to advance or impede religion and/or religious beliefs. Separation of Church and State

  7. Everson v. Board of Education (1947) $ to bus children to parochial schools Lemon v. Kutzman (1971) $ to pay for courses using public school materials and instructors at parochial school Rosenberger v. University of Virginia (1995) $ to pay for religious magazine from student fees Establishment Issues

  8. School vouchers (public $) to attend parochial schools School prayers- e.g. in class, sporting events, graduation Teaching evolution vs. “intelligent design” Related Issues

  9. Free Exercise religious practices (within reason) cannot be prohibited and/or restricted by the government Freedom of Religion

  10. Welsh v. U. S. (1970) Service in the armed forces Employment Division of Oregon v. Smith (1990) Use of peyote in sacramental ritual Church of Lukumi Babalu Aye v. City of Hialeah (1993) Animal Sacrifice rituals Free Exercise

  11. Freedom of Expression (Speech) • Court limitations and doctrines • “clear and present danger” • – yelling fire in crowded theater • speech that leads to “bad action” • –the bad tendency rule • fraudulent advertising • obscenity e.g. child pornography

  12. Freedom of Expression Cases • Roth v. United States (1957) • -- Federal law prohibiting distribution of “obscene” material through the mail • Miller v. California (1973) • -- State law prohibits the mailing of sexually explicit material • National Endowment of the Arts v. Finley (1998) • --Congressional limitations on NEA funds

  13. Freedom of the Press • No prior constraint of press • Press protected from libel--Except where malice can be proven. • Press protected from gag orders during trials –some exceptions • Radio and T. V. enjoys less latitude with 1st amendment protections

  14. Gitlow v. People of New York (1925) Advocating overthrow of government by violent and unlawful means protected speech? Near v. Minnesota (1931) Can court stop publication of scandalous article? New York Times v. U. S. (1971) Can government stop publication of Pentagon documents? Press Cases

  15. Right to Assemble and Petition the Government • Yates v. United States (1957) • -- Advocating overthrow of government protected • Shelton v. Tucker (1960) • --Public school teachers filing affidavit of organizations violates right of association

  16. Privacy Rights and Abortion • 1st+ 3rd+ 4th+ 5th +9th +14th = Roe v. Wade (1973) • Reproductive rights – Griswold v. Connecticut (1965) • Court more restrictive regarding rights in Roe today –Webster v. Reproductive Health Services (1989)

  17. Rights of the Accused and of the Community • Standards for Police Officer and Prosecutor’s Conduct • Defendant’s Pre-Trial Rights • Trial Rights

  18. Gideon v. Wainwright (1963)--right to counsel Miranda v. Arizona (1966)--right to know rights and remain silent Mapp v. Ohio (1961) -- warrant-less search and evidence Terry v. Ohio (1968) --police discretion and probable cause Cases Regarding the Accused

  19. Case Arguments pro and con ‘Decision of the judges’ Basis for decision/dissent Participant names QUESTIONS? You Be the Judge

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