Protecting Individual Rights: Civil Liberties in Chapter 20

1. Chapter 20 Civil Liberties: Protecting Individual Rights

2. “Must a government, if necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?” - Abraham Lincoln

3. Types of mistakes a system of justice can make: • the rights of a few people can be abused when trying to catch and punish criminals • a few guilty people may avoid punishment when trying to protect the rights of the innocent

4. Due Process • the basic fairness towards the accused must be followed at every step of the legal system

5. Warrant a court permit authorizing police action to: • make an arrest • search and seize evidence wherever a suspect has a reasonable expectation of privacy

6. There are at least four circumstances/exceptions when a search warrant is unnecessary.

7. Circumstance #1 • when a crime is committed in the presence of an officer

8. Circumstance #2 • if the police have good reason to believe that a major crime was committed and it can be shown that time and circumstances did not permit securing a warrant • aka as probable cause

9. Circumstance #3 • if the police have made a lawful arrest and the search of a person is necessary to prevent the destruction of evidence

10. Circumstance #4 • when the suspect has no expectation of privacy

11. Exclusionary Rule • evidence obtained in an illegal search is inadmissable in a criminal trial • is intended to balance the need for protection against crime with the rights of the accused

12. Watch out, Parkin! Hit button

13. Miranda warnings the reading of one’s constitutional rights; includes the right to: • remain silent • an attorney

14. Grand Jury • a body of citizens, usually numbering 16 to 23 people • examine evidence against a person accused of a serious crime to see if enough information exists to hold a criminal trial • does not determine guilt or innocence

15. Indictment • a formal charge of a crime against an accused person • handed-down by a grand jury if there is sufficient evidence meriting a formal trial

16. Bail • the amount of money or property a defendant gives to the court as a guarantee that he or she will show up for the trial • amount determined by: -seriousness of crime -ability to post bond -past criminal record

17. Guidelines for deciding how fast “speedy” is: 1. Length of time between indictment and trial. 2. The reason for delay. 3. Whether or not the defense requested a speedy trial. 4. The effect of the delay on the defense’s case.

18. Trial by jury • guaranteed by the Sixth Amendment • jury should consist of twelve people • presided over by a judge • verdict must be unanimous

19. Verdict • the decision of a jury in a trial • can result in a: -conviction -acquittal

20. Subpoena • the power of the court to force a witness to appear and testify at a trial

21. Self-incrimination • when a defendant witnesses against themselves • forbidden by Amendment 5

22. Immunity • laws which force a witness to answer all questions by promising the witness they will be free from prosecution

23. Double Jeopardy • after an acquittal or a conviction, a person may not be tried again for the same crime

24. Principles of Constitutional Punishment Punishments must be: 1. be consistent with human dignity 2. be fairly applied; 3. be acceptable to society; and 4. cannot be excessive.