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Civil Liberties part 3

Civil Liberties part 3. RIGHTS of DEFENDANTS 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated,

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Civil Liberties part 3

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  1. Civil Libertiespart 3 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  2. RIGHTS of DEFENDANTS • 4th Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, • and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  3. RIGHTS of DEFENDANTS • 4th Amendment • Prosecutors can be prevented from using illegally obtained evidence according to the . . . • Exclusionary Rule • In which 1961 case did the Supreme Court rule that this applied to the states as well as to the federal government? Mapp v. Ohio AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  4. RIGHTS of DEFENDANTS • 4th Amendment Quick Question: • Which fairly recent event led to federal laws making it easier for the federal government to engage in wiretapping, surveillance, and examination of people’s documents? AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  5. RIGHTS of DEFENDANTS • 5th Amendment • . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; • nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; • nor shall private property be taken for public use, without just compensation. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  6. RIGHTS of DEFENDANTS • 5th Amendment • “You have the right to remain silent . . .” • This famous phrase stems from which • 1966 case? Miranda v. Arizona AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  7. RIGHTS of DEFENDANTS • 6th Amendment • In all criminal prosecutions, the accused shall • enjoy the right to a speedy and public trial, • by an impartial jury of the state and district • wherein the crime shall have been committed . . . • and to have the assistance of counsel for his • defense. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  8. RIGHTS of DEFENDANTS • 6th Amendment • The 1963 Supreme Court decision • that anyone accused of a felony • where imprisonment may be imposed • has a right to an attorney . . . ? Gideon v. Wainwright AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  9. RIGHTS of DEFENDANTS • 8th Amendment • Excessive bail shall not be required, • nor excessive fines imposed, • nor cruel and unusual punishments inflicted. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  10. RIGHTS of DEFENDANTS • 8th Amendment & Death Penalty • “It is an extreme sanction, • suitable to the most extreme of crimes.” • Not violate equal protection guaranteed by the • 14th Amendment . . . even though minority • defendants much more likely to receive than • white defendants. Gregg v. Georgia (1976) McCleskey v. Kemp (1987) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  11. RIGHT of PRIVACY • Not explicitly listed in the Bill of Rights • Implied by collection of rights, such as: • freedom of religion • unreasonable searches & seizures • private property “takings” without due process • “the right to be left alone” • Louis Brandeis • Justice, 1916-1939 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  12. RIGHT of PRIVACY • Cases applying privacy right to abortion: • Expanded to protection of a woman’s right to choose an abortion in . . . • Which case allowed states to place some restrictions on abortion? Griswold v. Connecticut (1965) Roe v. Wade (1973) Planned Parenthood v. Casey (1992) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

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