civil liberties: protecting individual rights

Civil Liberties:Civil Liberties:Protecting Individual Protecting Individual

RightsRights

Chapter 20Chapter 20

Section 1Section 1

Due Process of LawDue Process of Law

Due ProcessDue Process

The government cannot The government cannot deprive anyone of “life, deprive anyone of “life, liberty or property, without liberty or property, without due process.”due process.”

The government must act The government must act fairly, using fair laws, with fairly, using fair laws, with fair procedures.fair procedures.

Substantive Due ProcessSubstantive Due Process

Sometimes governments pass Sometimes governments pass laws which are not laws which are not constitutionalconstitutional

Skinner v. OK, 1942 – OK Skinner v. OK, 1942 – OK required all felons with 3 required all felons with 3 convictions to be castratedconvictions to be castrated

It was overturned as It was overturned as unconstitutional and the law unconstitutional and the law was thrown outwas thrown out

Substantive Due ProcessSubstantive Due Process

Pierce v. Society of Sisters, Pierce v. Society of Sisters, 1925 – the law required all 1925 – the law required all students to attend public students to attend public school, destroying private and school, destroying private and parochial schoolsparochial schools

The court threw out the law.The court threw out the law. Students may attend any Students may attend any

school for their education.school for their education.

Procedural Due ProcessProcedural Due Process

Sometimes governments pass Sometimes governments pass good laws but are poorly good laws but are poorly implementedimplemented

Rochin v. CA, 1952 – Rochin Rochin v. CA, 1952 – Rochin swallowed drugs and had his swallowed drugs and had his stomach pumped to get itstomach pumped to get it

Police may not invade a Police may not invade a person to get evidenceperson to get evidence

Procedural Due ProcessProcedural Due Process

Miranda v. AZ, 1966 – Miranda v. AZ, 1966 – Miranda confessed to rape Miranda confessed to rape without knowledge that he without knowledge that he could get an attorney.could get an attorney.

The portion of the law that The portion of the law that was not followed was was not followed was eliminated and Miranda eliminated and Miranda received a new trial.received a new trial.

Police PowerPolice Power

The police are the ‘middle The police are the ‘middle men’ between governmental men’ between governmental laws and the public.laws and the public.

They are responsible to They are responsible to promote the public health, promote the public health, safety, morals and general safety, morals and general welfarewelfare

Conflicts arise frequentlyConflicts arise frequently

Testing for DrunkennessTesting for Drunkenness

What are the correct procedures What are the correct procedures to determine sobriety?to determine sobriety?

Breathalyzer Breathalyzer Walk a lineWalk a line Touch your noseTouch your nose Blood testBlood test All have been or are being usedAll have been or are being used

Testing for DrunkennessTesting for Drunkenness

Courts usually side with the Courts usually side with the police in order to protect the police in order to protect the public from drunk drivers.public from drunk drivers.

Schmerber v. CA, 1966 – Schmerber v. CA, 1966 – found it ok to draw blood to found it ok to draw blood to check for alcohol contentcheck for alcohol content

Other LawsOther Laws

States can limit the sale of States can limit the sale of alcoholic beverages and alcoholic beverages and tobacco, make laws to combat tobacco, make laws to combat pollution and require pollution and require vaccinationsvaccinations

States can forbid concealed States can forbid concealed weapons, require seat belt weapons, require seat belt use, and punish drunk driversuse, and punish drunk drivers

Other LawsOther Laws

States can regulate gambling States can regulate gambling and out law the sale of and out law the sale of pornography and prostitution.pornography and prostitution.

States can require compulsory States can require compulsory education, provide medical education, provide medical care and limit the profits of care and limit the profits of untility companies.untility companies.

Rights of PrivacyRights of Privacy

The Constitution grants us The Constitution grants us the “right to be let alone”the “right to be let alone”

Griswold v. CN, 1965 – found a Griswold v. CN, 1965 – found a state law prohibiting birth state law prohibiting birth control counseling and all control counseling and all devises to be unlawfuldevises to be unlawful

The Courts cannot police The Courts cannot police bedroomsbedrooms

Roe v. Wade, 1973Roe v. Wade, 1973

Texas made abortion a crimeTexas made abortion a crime The USSC found the law The USSC found the law

unconstitutionalunconstitutional Woman may receive an abortion Woman may receive an abortion

in the first trimester (3 mo)in the first trimester (3 mo) The state can make restrictions The state can make restrictions

for woman to receive an abortion for woman to receive an abortion in the second trimester (6 mo)in the second trimester (6 mo)

Roe v. Wade, 1973Roe v. Wade, 1973

States can choose to prohibit States can choose to prohibit abortions during the last abortions during the last trimester, also called partial trimester, also called partial birth abortions, except when birth abortions, except when saving the life of the mothersaving the life of the mother

Complex Abortion RulingsComplex Abortion Rulings

Some states have passed laws Some states have passed laws to restrict abortionsto restrict abortions

Most have enacted laws Most have enacted laws requiring women have requiring women have counseling before an abortion counseling before an abortion and wait 24 hoursand wait 24 hours

Women under 18 must have Women under 18 must have parental permissionparental permission


Harsher requirements that try Harsher requirements that try to restrict the decision of Roe to restrict the decision of Roe v. Wade are overturned by the v. Wade are overturned by the USSCUSSC

CA just rejected a parental CA just rejected a parental notification law for 17 year notification law for 17 year old girlsold girls


The USSC overturned a PA The USSC overturned a PA law requiring a woman to law requiring a woman to notify her husband of an notify her husband of an abortionabortion

Civil Liberties:Civil Liberties:Protecting Individual Protecting Individual

RightsRights


Section 2Section 2

Freedom and Security of the Freedom and Security of the PersonPerson

SlaverySlavery Until the 13Until the 13thth Amendment, in Amendment, in

1865, states could decide for 1865, states could decide for themselves whether to themselves whether to condone involuntary condone involuntary servitude, slaveryservitude, slavery

The military draft is not The military draft is not involuntary servitudeinvoluntary servitude

1313thth Amendment Amendment When America outlawed When America outlawed

slavery, it did not ban slavery, it did not ban discrimination, feeling it did discrimination, feeling it did not have the authority to not have the authority to delegate race-based delegate race-based discriminationdiscrimination

Discrimination and segregation Discrimination and segregation were the norm until 1968were the norm until 1968

Jones v. Mayer, 1968Jones v. Mayer, 1968 Jones sued Mayer because he Jones sued Mayer because he

refused to sell him a house in refused to sell him a house in a white-only neighborhood.a white-only neighborhood.

The Court backed Jones, The Court backed Jones, using the 13using the 13thth Amendment – Amendment – “shall have the same right, in “shall have the same right, in every State…”every State…”

Runyon v. McCray, 1976Runyon v. McCray, 1976 An all white private school An all white private school

refused to admit 2 black refused to admit 2 black childrenchildren

The court sided with the The court sided with the children because the school children because the school advertised to the public, advertised to the public, therefore, must be equally therefore, must be equally accessible regardless of raceaccessible regardless of race

Right to Keep and Bear Right to Keep and Bear ArmsArms

The 2The 2ndnd Amendment was Amendment was written to protect citizen-written to protect citizen-soldierssoldiers

Many claim that it protects Many claim that it protects anyone who wants to own a anyone who wants to own a gungun

States can make their own States can make their own regulations regarding gun regulations regarding gun ownershipownership

Quartering of SoldiersQuartering of Soldiers The 3The 3rdrd Amendment was Amendment was

written as protectionwritten as protection Prior to the Revolution, Prior to the Revolution,

Britain kept soldiers in Britain kept soldiers in private homesprivate homes

To date, there has never been To date, there has never been a court case regarding this a court case regarding this amendmentamendment

Search and SeizureSearch and Seizure The 4The 4thth Amendment was Amendment was

written to prevent the use of written to prevent the use of writs of assistance, blanket writs of assistance, blanket search warrantssearch warrants

Questions about this Questions about this amendment have been amendment have been decided by the USSC decided by the USSC numerous timesnumerous times

Search and SeizureSearch and Seizure Police must, in most cases, Police must, in most cases,

have a search warrant after have a search warrant after proving to a judge that they proving to a judge that they have probably cause to have probably cause to suspect a crime.suspect a crime.

There are occasions when There are occasions when police do not need a search police do not need a search warrantwarrant

No Search Warrant if:No Search Warrant if: Evidence of a crime may moveEvidence of a crime may move The police witness the crimeThe police witness the crime Evidence is in plain viewEvidence is in plain view A crime is in progressA crime is in progress

Exclusionary RuleExclusionary Rule Evidence not collected Evidence not collected

properly cannot be used in properly cannot be used in courtcourt

Attorneys will frequently Attorneys will frequently attempt to show that seizure attempt to show that seizure of evidence was obtained of evidence was obtained illegally so it will be excluded illegally so it will be excluded from trialfrom trial

Mapp v. Ohio, 1961Mapp v. Ohio, 1961 Police entered and searched Police entered and searched

Dollree Mapp’s home looking Dollree Mapp’s home looking for gambling paraphernalia.for gambling paraphernalia.

They only found pornographyThey only found pornography The case of overturned The case of overturned

because the evidence was because the evidence was obtained without a warrant.obtained without a warrant.

Suppose there’s a Suppose there’s a mistakemistake

The Court has generally The Court has generally allowed evidence if there are allowed evidence if there are errors in the warrant.errors in the warrant.

If the warrant says “auto If the warrant says “auto pants” instead of “auto parts”pants” instead of “auto parts”

If the evidence would have If the evidence would have been discovered without a been discovered without a warrantwarrant

Suppose there’s a Suppose there’s a mistakemistake

Good faith conclusions by Good faith conclusions by police, thinking the warrant police, thinking the warrant was good when it was not was good when it was not validvalid

When police make an “honest When police make an “honest mistake”mistake”

Drug TestingDrug Testing Employees may be subject to Employees may be subject to

mandatory drug testingmandatory drug testing Students may also be made to Students may also be made to

submit to drug testing if they submit to drug testing if they participate in extracurricular participate in extracurricular activities and it is random activities and it is random

Wire TappingWire Tapping Courts normally protect an Courts normally protect an

individual’s right to privacyindividual’s right to privacy To use information learned To use information learned

from bugging and individual, from bugging and individual, a search warrant must be a search warrant must be used. used.

Civil LibertiesCivil Liberties


Section 3Section 3

VocabularyVocabulary

Writ of habeas corpus – a court order making the government allow the accused a hearing and an explanation for their detainment

Bill of Attainder – laws that affect only 1 individual or group

VocabularyVocabulary Ex post facto – laws passed

after the fact Grand jury – a formal group

selected to look at evidence to see if charges warrant being filed

Double Jeopardy – no one can be tried for the same crime twice

VocabularyVocabulary Bench trial – only a judge

hears a case

“It is better that ten people go free than that one innocent person be punished”

Rights of the AccusedRights of the Accused People accused of a crime are

afforded certain rights Judges have suspended the

writ of habeas corpus during times of war, such as after Pearl Harbor

It was found to be unconstitutional

Lincoln also did it - legally

Rights of the AccusedRights of the Accused Federal, state, or local

governments may not enforce ex post facto laws

EX – if a person does something today that is legal, if a law forbidding it passes tomorrow, the person cannot be prosecuted for doing the act

Rights of the AccusedRights of the Accused People are chosen to be on a

grand jury for 1 year. They meet, usually once a

month, to look at evidence to be sure that the evidence found is enough to warrant a criminal trial

All sessions are secret and only the prosecutors are present

Rights of the AccusedRights of the Accused People cannot stand trial

twice for the same crime. They can stand trial for the

same type of crime They can stand trial in federal

and state courts for the same crime

They can face civil and criminal courts for the same crime

Rights of the AccusedRights of the Accused Accused people have the right

to s speedy trial – 100 days from the time of arraignment to trial

Tom Delay was arrested in October and is expecting to go to trial in December by his request

Rights of the AccusedRights of the Accused OJ Simpson asked

for a speedy trial hoping the prosecution would not be ready to try him – they were not

Rights of the AccusedRights of the Accused The 6th Amendment

guarantees a public trial Judges can limit the number

of spectators and decide if the case is televised

This is important in rape and child molestation cases


guarantees that the accused be tried in front of an “impartial” jury

This clause allows attorney to question potential jury members to test for bias

The accused can ask for a bench trial


guarantees that the accused be represented by an attorney

Gideon v. Wainwright – FL would not appoint a free attorney for a non-capital case.

It was overturned by the USSC and Gideon received a new trial

Rights of the AccusedRights of the Accused Escobedo v IL – Escobedo

was denied the right to see his attorney after asking numerous times

His case was thrown out and he was released from prison


guarantees the right of the accused not to incriminate himself

The prosecution must prove the case against the accused

The accused does not have to testify in court or answer questions

Rights of the AccusedRights of the Accused Miranda Warnings are

routinely given to all accused TX v. Cobb – Cobb confessed

to murder without his attorney. His conviction was upheld because he did not ask for help from his attorney before he confessed

Civil LibertiesCivil Liberties

Chapter 20 Chapter 20

Section 4Section 4

VocabularyVocabulary Bail – money put up with a

promise to return to court Preventive detention – people

denied bail because they are a flight risk

Capital Punishment – death penalty

Treason – crimes against the US

After an ArrestAfter an Arrest

Once people are arrested, they have a hearing

The judge determines, with the help of the prosecuting and defense attorneys, if bail will be allowed.


Bail is established to allow the accused freedom until they are convicted and because the accused may find it easier to prepare for trial on the outside

Bail may not be excessive – 8th Amendment


The 8th Amendment forbids cruel and unusual punishment

Electrocution, hanging and firing squad have each been determined as constitutional forms of punishment


It has been found constitutional for the courts to assign sever punishments for a person found guilty of their 3rd felony conviction.


Lockyer v. Andrade, 2003 – tested CA 3 strikes rule and found that Leonard Andrade could not be charged for 3 simultaneous thefts from Kmart as 3 crimes.


People have been convicted under the 3 strikes law for Stealing a pizza Marijuana possession Shoplifting Assault

Capital PunishmentCapital Punishment

The death sentence has been reserved for some violent criminals

There have been numerous cases challenged usually dealing with the methods used to implement death


The death penalty has been put aside for various reasons, and for varying lengths of time

CA commuted all death penalty cases in the early 1970s


Convicted murderers were re-sentenced to life in prison


The death penalty may not be used on the mentally retarded or mentally ill

The death penalty has been called racist and elitist since most of the executed have been poor and black


In 2000, Gov. Ryan, IL, commuted all death sentences because of the number of “guilty” people found innocent after DNA testing


States impose the death penalty for murder, rape, kidnapping etc

The federal government can impose the death penalty for treason


John Brown was hung after his raid on Harpers Ferry

So were Julius and Ethel Rosenberg for selling atomic secrets to the Russians

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