THE LEGAL SYSTEMMr. Geib and Mr. Fitz-Patrick

12th Grade Gov. and Econ.

April 15, 2023

“Civil Liberties” and “Civil Order”

“A ‘liberal’ is a conservative who has been investigated. A

‘conservative’ is a liberal who has been mugged.”

THE FIGHT

6th Amendment

• “Habeas corpus”• Jury trial• Testify in “open

court”– Equal justice– Due process

• Everybody, even the worst, get fair treatment and rights respected.

4th Amendment• Search warrants

– Probable cause– Cursory pat down…

• “The eye can commit no trespass”– Special cases;

difficult cases• Exceptions for

police: arrest, etc.

5th Amendment

• Right against self-incrimination– Right to remain

silent about charges in court.

SUPREME COURT CHIEF JUSTICE EARL WARREN

He moved the court to give more protection to criminal defendants.

Controversial!

Miranda, Gideon• Miranda v. Arizona

(1963)– Kidnap, rape; not

informed of rights.• Gideon v.

Wainwright (1963)– Right to attorney at

state expense• “Public Defender”

versus “District Attorney”

THE WARREN COURT IS CONTROVERSIAL

TO THIS DAYMuch higher levels of crime and disorder…

Controversial!