CHAPTER 13, 14, 15

LIBERTY AND JUSTICE FOR ALL

CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE.

LAW IN AMERICA

NATURALIZATION

• BECOMING A U.S. CITIZEN.

• “NATION OF IMMIGRANTS”

• ALIEN—HERE BUT DOESN’T PLAN ON BECOMING A CITIZEN.

• IMMIGRANT—HERE AND INTENDS TO BECOME A CITIZEN.

BASIS OF CITIZENSHIP

• DRED SCOTT VS. SANDFORD—BASIS OF STATE CITIZENSHIP IN 1857.

• 14 AMENDMENT—ALL CITIZENS EQUAL IN THE EYES OF THE LAW.– “LAW OF SOIL”—BORN HERE.– “LAW OF BLOOD”—PARENTS HERE.– NATURALIZATION-BECOME CITIZENS.

FIRST AMENDMENT

• SPEECH

• PRESS

• ASSEMBLY

• PETITION

• RELIGION

DUE PROCESS

DUE PROCESS OF LAW:• GOVT. MUST FOLLOW

PROPER CONST. PROCEDURES IN TRIALS AND IN OTHER ACTIONS IT TAKES AGAINST INDIVIDUALS.

DUE PROCESS CLAUSE• 14TH AMENDMENT CLAUSE

THAT NO STATE MAY DEPRIVE A PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT……

DISCRIMINATION VS. SEGREGATION

• DISCRIMINATION– UNFAIR TREATMENT

OF INDIVIDUALS BASED SOLELY ON THEIR RACE, GENDER, ETHNIC GROUP, AGE, PHYSICAL DISABILITY, OR RELIGION.

TESTS, HIRING, have to show intent to discriminate.

• SEGREGATION– SEPRATION OF

PEOPLE FROM THE LARGER SOCIAL GROUP.

PLESSY V. FERGUSON

BROWN V. BOARD

DUTY VS. RESPONSIBILITY

• DUTY

THE HAVE TOO’S IN LIFE.

PAY TAXES, DRAFT

• RESPONSIBILITY

THE SHOULD DO’S IN LIFE.

VOTE, PRODUCTIVE CITIZEN, INVOLVE

EXAMPLES OF CIVIL CASES

• 90% OF CASES HEARD AT THE STATE LEVEL INVOLVE CIVIL CASES.

1. CONTRACTS

2. PROPERTY

3. FAMILY RELATIONS

4. CIVIL WRONGS CAUSING HARM.

PROBABLE CAUSE

• SUSPISION OF ILLEGAL ACTIVITY BY SOMEONE. EVIDENCE TO PROVE.

• SEARCH WARRANT

• PROTECTING PEOPLES’ FREEDOMS

RIGHTS OF THE ACCUSED

• SEARCH AND SEIZURES

WEEKS V. U.S. PG.399

• GUARANTEE OF COUNSEL

GIDEON V. WAINWRIGHT 401

• SELF-INCRIMINATION

MIRANDA V. ARIZONA PG.403

• DOUBLE JEOPARDY

• CRUEL AND UNUSUAL PUNISHMENT

FURMAN V. GEORGIA PG.405

STEPS IN CIVIL AND CRIMINAL CASES.

CIVIL CASES STEPS

PLAINTIFF-COMPLAINT.

DEFENDANT-DEFEND

• HIRING A LAWYER• FILING THE COMPLAINT.

• PRETRIAL DISCOVERY

• RESOLUTION-NO TRIAL

• TRIAL

• AWARD

CRIMINAL CASESMISDEMEANORS FELONIES

1. INVESTIGATION AND ARREST.

2. INITIAL APPEARANCE.3. PRELIMINARY HEARING

OR GRAND JURY.4. PLEA BARGAINING5. ARRAIGNMENT AND

PLEAS