Civil Liberties: Protecting Individual Rights

1. Civil Liberties:Protecting Individual Rights Chapter 20 Section 1 Due Process of Law

2. Due Process • The government cannot deprive anyone of “life, liberty or property, without due process.” • The government must act fairly, using fair laws, with fair procedures.

3. Substantive Due Process • Sometimes governments pass laws which are not constitutional • Skinner v. OK, 1942 – OK required all felons with 3 convictions to be castrated • It was overturned as unconstitutional and the law was thrown out

4. Substantive Due Process • Pierce v. Society of Sisters, 1925 – the law required all students to attend public school, destroying private and parochial schools • The court threw out the law. • Students may attend any school for their education.

5. Procedural Due Process • Sometimes governments pass good laws but are poorly implemented • Rochin v. CA, 1952 – Rochin swallowed drugs and had his stomach pumped to get it • Police may not invade a person to get evidence

6. Procedural Due Process • Miranda v. AZ, 1966 – Miranda confessed to rape without knowledge that he could get an attorney. • The portion of the law that was not followed was eliminated and Miranda received a new trial.

7. Police Power • The police are the ‘middle men’ between governmental laws and the public. • They are responsible to promote the public health, safety, morals and general welfare • Conflicts arise frequently

8. Testing for Drunkenness • What are the correct procedures to determine sobriety? • Breathalyzer • Walk a line • Touch your nose • Blood test • All have been or are being used

9. Testing for Drunkenness • Courts usually side with the police in order to protect the public from drunk drivers. • Schmerber v. CA, 1966 – found it ok to draw blood to check for alcohol content

10. Other Laws • States can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution and require vaccinations • States can forbid concealed weapons, require seat belt use, and punish drunk drivers

11. Other Laws • States can regulate gambling and out law the sale of pornography and prostitution. • States can require compulsory education, provide medical care and limit the profits of untility companies.

12. Rights of Privacy • The Constitution grants us the “right to be let alone” • Griswold v. CN, 1965 – found a state law prohibiting birth control counseling and all devises to be unlawful • The Courts cannot police bedrooms

13. Roe v. Wade, 1973 • Texas made abortion a crime • The USSC found the law unconstitutional • Woman may receive an abortion in the first trimester (3 mo) • The state can make restrictions for woman to receive an abortion in the second trimester (6 mo)

14. Roe v. Wade, 1973 • States can choose to prohibit abortions during the last trimester, also called partial birth abortions, except when saving the life of the mother

15. Complex Abortion Rulings • Some states have passed laws to restrict abortions • Most have enacted laws requiring women have counseling before an abortion and wait 24 hours • Women under 18 must have parental permission

16. Complex Abortion Rulings • Harsher requirements that try to restrict the decision of Roe v. Wade are overturned by the USSC • CA just rejected a parental notification law for 17 year old girls

17. Complex Abortion Rulings • The USSC overturned a PA law requiring a woman to notify her husband of an abortion

18. Civil Liberties:Protecting Individual Rights Chapter 20 Section 2 Freedom and Security of the Person

19. Slavery • Until the 13th Amendment, in 1865, states could decide for themselves whether to condone involuntary servitude, slavery • The military draft is not involuntary servitude

20. 13th Amendment • When America outlawed slavery, it did not ban discrimination, feeling it did not have the authority to delegate race-based discrimination • Discrimination and segregation were the norm until 1968

21. Jones v. Mayer, 1968 • Jones sued Mayer because he refused to sell him a house in a white-only neighborhood. • The Court backed Jones, using the 13th Amendment – “shall have the same right, in every State…”

22. Runyon v. McCray, 1976 • An all white private school refused to admit 2 black children • The court sided with the children because the school advertised to the public, therefore, must be equally accessible regardless of race

23. Right to Keep and Bear Arms • The 2nd Amendment was written to protect citizen-soldiers • Many claim that it protects anyone who wants to own a gun • States can make their own regulations regarding gun ownership

24. Quartering of Soldiers • The 3rd Amendment was written as protection • Prior to the Revolution, Britain kept soldiers in private homes • To date, there has never been a court case regarding this amendment

25. Search and Seizure • The 4th Amendment was written to prevent the use of writs of assistance, blanket search warrants • Questions about this amendment have been decided by the USSC numerous times

26. Search and Seizure • Police must, in most cases, have a search warrant after proving to a judge that they have probably cause to suspect a crime. • There are occasions when police do not need a search warrant

27. No Search Warrant if: • Evidence of a crime may move • The police witness the crime • Evidence is in plain view • A crime is in progress

28. Exclusionary Rule • Evidence not collected properly cannot be used in court • Attorneys will frequently attempt to show that seizure of evidence was obtained illegally so it will be excluded from trial

29. Mapp v. Ohio, 1961 • Police entered and searched Dollree Mapp’s home looking for gambling paraphernalia. • They only found pornography • The case of overturned because the evidence was obtained without a warrant.

30. Suppose there’s a mistake • The Court has generally allowed evidence if there are errors in the warrant. • If the warrant says “auto pants” instead of “auto parts” • If the evidence would have been discovered without a warrant

31. Suppose there’s a mistake • Good faith conclusions by police, thinking the warrant was good when it was not valid • When police make an “honest mistake”

32. Drug Testing • Employees may be subject to mandatory drug testing • Students may also be made to submit to drug testing if they participate in extracurricular activities and it is random

33. Wire Tapping • Courts normally protect an individual’s right to privacy • To use information learned from bugging and individual, a search warrant must be used.

34. Civil Liberties Chapter 20 Section 3

35. Vocabulary • 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

36. Vocabulary • 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

37. Vocabulary • Bench trial – only a judge hears a case • “It is better that ten people go free than that one innocent person be punished”

38. Rights 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

39. Rights 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

40. Rights 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

41. Rights 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

42. Rights 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

43. Rights of the Accused • OJ Simpson asked for a speedy trial hoping the prosecution would not be ready to try him – they were not

44. Rights 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

45. Rights of the Accused • The 6th Amendment 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

46. Rights of the Accused • The 6th Amendment 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

47. Rights 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

48. Rights of the Accused • The 5th Amendment 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

49. Rights 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

50. Civil Liberties Chapter 20 Section 4