20. civil liberties: protecting individual rights

20. Civil Liberties: Protecting Individual Rights.

Due Process of Law.

Freedom and Security of the Person.

Rights of the Accused.

Punishment.

due process

due processaccording to the 5th amendment, the federal

Government cannot deprive any person of “life, liberty, or property, without due process of law

substantive due process

substantive due process

involves the what (the substance, the policies) of governmental action

procedural due process

procedural due process

has to do with the how (the procedures, the methods) of governmental action

police power

police powerthe authority of each State to act to protect and promote the public health, safety, morals, and

general welfare

search warrant

search warranta court order authorizing a search

involuntary servitude

involuntary servitude

forced labor

discrimination

discriminationbias, unfairness

writs of assistance

writs of assistance

blanket search warrants with which British customs officials had invaded private homes to

search for smuggled goods

probable cause

probable causea reasonable suspicion of crime

exclusionary rule

exclusionary ruleevidence gained as the result of an illegal act by police cannot be used at the trial of the person

whom it was seized

writ of habeas corpus

writ of habeas corpus

intended to prevent unjust arrests and imprisonments

bill of attainder

bill of attaindera legislature act that inflicts punishment without a

court trial

ex post facto law

ex post facto lawA law passed after the fact has three features

1) Is a criminal law.2) Applies to an act committed before its passage.

3) Works to the disadvantage of the accused.

grand jury

grand juryformal device by which a person can be accused of

a serious crime

indictment

indictmenta formal complaint that the prosecutor lays before

a grand jury

double jeopardy

double jeopardymeans that a person tried for a crime, he or she

cannot be tried for that same crime

bench trial

bench triala judge alone hears the case

Miranda Rule

Miranda RuleThe person must be

1) Told of her or his right to remain silent.2) Warned that anything he or she says can be used

in court.3) Informed of the right to have an attorney

present during questioning.4) Can’t hire an attorney, then one will be

provided.5) Can stop questioning at any time.

bail

bailsum of money that the accused may be required to post (deposit with the court) as a guarantee that he

or she will appear in court at the proper time

preventive detention

preventive detention

a federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime

before trial

capital punishment

capital punishment

Punishment by death

treasonArticle III Section 3 states

1) Levying war against the United States2) “adhering to their Enemies, giving them aid and

comfort”

Civil Liberties.

A Failure of Due Process.

Due Process.

Interpreting Political Cartoons.

Government Online.

Voices on Government.

Interpreting Political Cartoons.

Constitutional Protections for Persons Accused of Crime.

Interpreting Political Cartoons.

Cameras in the Courtroom.

Interpreting Political Cartoons.

Ernesto Miranda.

The Right to an Attorney.

Interpreting Political Cartoons.

Capital Punishment.

Executions in the United States, 1976-2004.

Analyzing Political Cartoons.