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Is the current tardy policy fair?. You have been given a detention. You feel that the detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?. Due Process.
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You have been given a detention. You feel that the detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?
Due Process • Procedural due process – government must act fairly and according to the rules in dealing with citizens and enforcing laws
Due Process • Procedural due process • Substantive due process – laws made by the government must be fair
Is the following law “fair”?: Blonde haired, blue eyed women will no longer be allowed to have a driver’s license.
Right to Privacy Where in the constitution do the words “right to privacy” appear?
Right to Privacy • Griswold v. Connecticut (1965) • government cannot regulate what goes on in the bedroom of married couples • A right to privacy is in the “penumbras” of rights in the constitution
Right to Privacy • Griswold v. Connecticut (1965) • Roe v. Wade (1973) • Privacy right established in Griswold includes right to an abortion
Right to Privacy • Roe v. Wade (1973) • Trimester one: states cannot limit abortion in any way • Trimester two: states may reasonably regulate but not prohibit abortion
Right to Privacy • Roe v. Wade (1973) • Trimester three: states may prohibit abortion except those necessary to preserve the life and health of the mother
Right to Privacy • Roe v. Wade (1973) • Limits to Roe • States can require parental consent • States can require waiting periods
Right to Privacy • Roe v. Wade (1973) • Limits to Roe • States cannot require husband to be notified • Partial birth ban is constitutional
Right to Keep and Bear Arms • Washington D.C. v. Heller – there is an individual right to bear arms
Security of Home and Persons • Two ways a legal search can occur: • Search warrant obtained based on probable cause
Security of Home and Persons • Two ways a legal search can occur: • Search warrant obtained based on probable cause • Probable cause • Evidence in plain view • Informational roadblocks • As part of an arrest
Searches and Seizures • Exclusionary rule • Weeks v. United States • Mapp v. Ohio • Exceptions • Inevitable discovery • Good-faith effort • Honest mistakes