American American GovernmentGovernmentChapter 20Chapter 20

Civil Liberties: Protecting Civil Liberties: Protecting Individual RightsIndividual Rights

Section 1Section 1

Due Process of LawDue Process of Law

The Meaning of The Meaning of Due ProcessDue Process

Constitution contains two statements Constitution contains two statements about about due processdue process

5th Amendment5th Amendment Federal Government cannot keep any person Federal Government cannot keep any person

from “life, liberty, or property, without due from “life, liberty, or property, without due process of law.”process of law.”

14th Amendment14th Amendment State Governments have the same limit on State Governments have the same limit on

power as the federal governmentpower as the federal government

The Meaning of Due Process The Meaning of Due Process (Con’t)(Con’t)

Due Process is generally determined by Due Process is generally determined by the supreme court on a case-by-case the supreme court on a case-by-case basisbasis

Generally Due Process means:Generally Due Process means: Government must act fairly and within Government must act fairly and within

established rulesestablished rules Substantive Due ProcessSubstantive Due Process

Government must create fair policies and lawsGovernment must create fair policies and laws Procedural Due ProcessProcedural Due Process

Government must use fair procedures and Government must use fair procedures and methodsmethods

The Meaning of Due Process The Meaning of Due Process (Con’t)(Con’t)

The 14th Amendment and the Bill of The 14th Amendment and the Bill of RightsRights

Bill of rights apply to the National Bill of rights apply to the National Government onlyGovernment only

14th Amendment applies the Bill of Rights 14th Amendment applies the Bill of Rights to Statesto States

Police PowerPolice Power

Authority of each state to act to protect and Authority of each state to act to protect and promote the public health, safety, morals, and promote the public health, safety, morals, and general welfaregeneral welfare In other words to help people live wellIn other words to help people live well

Often protecting people, creates a conflict with Often protecting people, creates a conflict with civil rightscivil rights Courts then have to maintain a balance between the Courts then have to maintain a balance between the

twotwo Example: Drunk DrivingExample: Drunk Driving

Search WarrantSearch Warrant A court order authorizing a searchA court order authorizing a search

Police Power (Con’t)Police Power (Con’t) Courts have held that public well-being Courts have held that public well-being

was the most importantwas the most important Promote health, limit sale of alcoholic Promote health, limit sale of alcoholic

beveragesbeverages Promote safety, forbid concealed weapons, Promote safety, forbid concealed weapons,

use of seat belts, punish drunk driversuse of seat belts, punish drunk drivers Promote morals, outlawing gambling, sale of Promote morals, outlawing gambling, sale of

obscene materials, prostitutionobscene materials, prostitution Promote the general welfare, education Promote the general welfare, education

laws, limit profits of public utilitieslaws, limit profits of public utilities

The Right of PrivacyThe Right of Privacy

Not specifically mentioned in Not specifically mentioned in constitution, however courts have constitution, however courts have continually held it to be “the right to be continually held it to be “the right to be free, except in very limited free, except in very limited circumstances, from unwanted circumstances, from unwanted governmental intrusions into one’s governmental intrusions into one’s privacy.” (Stanley v. Georgia, 1969)privacy.” (Stanley v. Georgia, 1969)

The Right of Privacy (Con’t)The Right of Privacy (Con’t)

Roe V. WadeRoe V. Wade Most controversial case involving the right of Most controversial case involving the right of

privacyprivacy The Supreme Court found a Texas law The Supreme Court found a Texas law

unconstitutionalunconstitutional The law made abortion a crimeThe law made abortion a crime

Later Reproductive Rights CasesLater Reproductive Rights Cases The Courts have made many revisions since Roe The Courts have made many revisions since Roe

V. Wade, but the basic constitutional right still V. Wade, but the basic constitutional right still standsstands

Section 2Section 2

Freedom and Security of the PersonFreedom and Security of the Person

Slavery and Involuntary Slavery and Involuntary ServitudeServitude

Amendment 13 was added to the Amendment 13 was added to the Constitution in 1865, outlawing slavery Constitution in 1865, outlawing slavery or or involuntary servitudeinvoluntary servitude

The courts have held that the draft and The courts have held that the draft and imprisonment are not classified as imprisonment are not classified as involuntary servitudeinvoluntary servitude

The 13th Amendment: Section 2The 13th Amendment: Section 2 With support of the 13th Amendment, Civil With support of the 13th Amendment, Civil

Rights Act of 1866, and Civil Rights Act of Rights Act of 1866, and Civil Rights Act of 1964, outlaw racial discrimination1964, outlaw racial discrimination

Bias, UnfairnessBias, Unfairness

The Right to Keep and Bear The Right to Keep and Bear ArmsArms

2nd Amendment states “ A well 2nd Amendment states “ A well regulated militia being necessary to the regulated militia being necessary to the security of a free State, the right of the security of a free State, the right of the people to keep and bear arms, shall not people to keep and bear arms, shall not be infringed” Constitutionbe infringed” Constitution

Many politicians argue that the Many politicians argue that the amendment also supports an individual’s amendment also supports an individual’s right to “bear arms”right to “bear arms”

State’s have the right to limit armsState’s have the right to limit arms

Security of Home and PersonSecurity of Home and Person The 3rd AmendmentThe 3rd Amendment

Forbids the housing of soldiers in private homesForbids the housing of soldiers in private homes Never been the subject of a Supreme Court caseNever been the subject of a Supreme Court case

The 4th AmendmentThe 4th Amendment Designed to prevent the use of Designed to prevent the use of writs of assistancewrits of assistance

Blanket Blanket search warrantssearch warrants

Probable CauseProbable Cause Police officers cannot search for evidence unless Police officers cannot search for evidence unless

they have a warrantthey have a warrant Must be based on probably causeMust be based on probably cause

A reasonable suspicion of crimeA reasonable suspicion of crime

Security of Home and Person Security of Home and Person (Con’t)(Con’t)

ArrestArrest The Seizure of a personThe Seizure of a person Do not need a warrant to arrest an Do not need a warrant to arrest an

individualindividual

AutomobilesAutomobiles The Court has held that officers do not The Court has held that officers do not

need search warrants for vehiclesneed search warrants for vehicles Just need probable CauseJust need probable Cause

Security of Home and Person Security of Home and Person (Con’t)(Con’t)

The The Exclusionary RuleExclusionary Rule Evidence gained as the result of an illegal act by Evidence gained as the result of an illegal act by

police cannot be used at the trial of the person police cannot be used at the trial of the person from whom it was seizedfrom whom it was seized

Adopted by the Courts, even though not explicitly stated Adopted by the Courts, even though not explicitly stated in the 4th amendmentin the 4th amendment

Rule was laid down in Weeks v. United Rule was laid down in Weeks v. United States,1914States,1914

Map v. OhioMap v. Ohio 1961 case expanded the Exclusionary rule to 1961 case expanded the Exclusionary rule to

states based on the 14th Amendmentstates based on the 14th Amendment

Security of Home and Person Security of Home and Person (Con’t)(Con’t)

Cases Narrowing the Scope of the Cases Narrowing the Scope of the Exclusionary RuleExclusionary Rule

Multiple cases through the years have allowed Multiple cases through the years have allowed some police mistakes regarding evidencesome police mistakes regarding evidence

Drug TestingDrug Testing The Court has held that they can be conducted The Court has held that they can be conducted

without either warrants or even any indication of without either warrants or even any indication of drug use by those who must take themdrug use by those who must take them

Security of Home and Person Security of Home and Person (Con’t)(Con’t)

WiretappingWiretapping Kratz v. United States, 1967 found Kratz v. United States, 1967 found

evidence found through wiretapping was evidence found through wiretapping was not eligible in courtnot eligible in court

However, recent cases involving cell phone However, recent cases involving cell phone wiretapping has not been found wiretapping has not been found unconstitutionalunconstitutional

Section 3Section 3

Rights of the AccusedRights of the Accused

Habeas CorpusHabeas Corpus Writ of habeas corpusWrit of habeas corpus

Intended to prevent unjust arrests and Intended to prevent unjust arrests and imprisonmentsimprisonments

Commands that the prisoner be brought Commands that the prisoner be brought before the court and that the office show before the court and that the office show cause why the prisoner should not be cause why the prisoner should not be releasedreleased

Cannot be suspended “unless when in cases of Cannot be suspended “unless when in cases of Rebellion or Invasion the public Safety may Rebellion or Invasion the public Safety may require it”require it” Abraham Lincoln suspended the writ in 1861Abraham Lincoln suspended the writ in 1861

Also suspended in Hawaii after Pearl HarborAlso suspended in Hawaii after Pearl Harbor

Bills of AttainderBills of Attainder

Legislative act that inflicts punishment Legislative act that inflicts punishment without a court trialwithout a court trial

England’s parliament during the colonial England’s parliament during the colonial period pass many bills of attainderperiod pass many bills of attainder

Ex Post Facto LawsEx Post Facto Laws

A Law passed after the factA Law passed after the fact A criminal law, defining a law or providing A criminal law, defining a law or providing

for its punishmentfor its punishment Applies to an act committed before its Applies to an act committed before its

passagepassage Works to the disadvantage of the accusedWorks to the disadvantage of the accused

Neither Congress or the State Neither Congress or the State Legislatures may pass such lawsLegislatures may pass such laws

Grand JuryGrand Jury Formal device by which a person can be Formal device by which a person can be

accused of a serious crimeaccused of a serious crime A body of 16-24 persons from the federal district A body of 16-24 persons from the federal district

courtcourt Used to determine Used to determine indictmentindictment or to drop the or to drop the

chargescharges A formal complaint that the prosecutor lays before a grand A formal complaint that the prosecutor lays before a grand

juryjury

Grand Jury is provided by the 5th AmendmentGrand Jury is provided by the 5th Amendment However only provision not covered in the 14th However only provision not covered in the 14th

AmendmentAmendment Thus states are not required to provide a grand juryThus states are not required to provide a grand jury

Double JeopardyDouble Jeopardy

5th Amendment guarantee against 5th Amendment guarantee against being tried for the same crime twicebeing tried for the same crime twice

Cannot be convicted on the same crime Cannot be convicted on the same crime in both federal and state courtsin both federal and state courts

Sex Predators however can be confined Sex Predators however can be confined after being released from prisonafter being released from prison

The courts have considered that the protection The courts have considered that the protection of the public from harmof the public from harm

Speedy and Public TrialSpeedy and Public Trial Speedy TrialSpeedy Trial

6th Amendment guarantee that ensures that the 6th Amendment guarantee that ensures that the government will try a person accused of a crime government will try a person accused of a crime without unnecessary delaywithout unnecessary delay

Most cases must be within 100 days of their arrestMost cases must be within 100 days of their arrest

Public TrialPublic Trial 6th Amendment also guarantees that the trial must 6th Amendment also guarantees that the trial must

be publicbe public However a trial cannot be too speedy or too publicHowever a trial cannot be too speedy or too public Major battle between freedom of press and the protection Major battle between freedom of press and the protection

of a fair trial from undue media speculationof a fair trial from undue media speculation

Trial by JuryTrial by Jury 6th Amendment guarantee that says an 6th Amendment guarantee that says an

accused person must be tried “by an accused person must be tried “by an impartial jury”impartial jury”

However states may not us trial by jury on However states may not us trial by jury on minor casesminor cases

A defendant may seek a “change of venue” A defendant may seek a “change of venue” due to prejudice in the state and federal due to prejudice in the state and federal district in which the case is to be helddistrict in which the case is to be held

Defendant can waive their right to trial by juryDefendant can waive their right to trial by jury Called Called Bench trialBench trial

Right to An Adequate Right to An Adequate DefenseDefense

6th Amendment also provides the defendant:6th Amendment also provides the defendant: ““to be informed of the nature and cause of the to be informed of the nature and cause of the

accusation”accusation” ““Be confronted with the witnesses against” them Be confronted with the witnesses against” them

and question them in open courtand question them in open court ““To have compulsory process for obtaining To have compulsory process for obtaining

witnesses in their favor”witnesses in their favor” ““To have the Assistance of Counsel for his To have the Assistance of Counsel for his

defense”defense” Intended to prevent the cards from being Intended to prevent the cards from being

stacked in favor of the prosecutionstacked in favor of the prosecution

Self-IncriminationSelf-Incrimination 5th Amendment provides protections for 5th Amendment provides protections for

defendants, that for the burden of proof on the defendants, that for the burden of proof on the prosecutionprosecution

Applying the GuaranteeApplying the Guarantee A person can “claim the fifth”A person can “claim the fifth”

Ability to not testify or answer questions that might Ability to not testify or answer questions that might incriminate oneselfincriminate oneself

Does not include fingerprinting, photography, Does not include fingerprinting, photography, submitting a handwriting sample, police lineup, etc.submitting a handwriting sample, police lineup, etc.

Must also be allowed to have counselMust also be allowed to have counsel If counsel is denied, then confession can not be used in If counsel is denied, then confession can not be used in

courtcourt

Self-Incrimination (Con’t)Self-Incrimination (Con’t) Miranda v. ArizonaMiranda v. Arizona

The court said that it would no longer uphold The court said that it would no longer uphold convictions in any cases in which suspects convictions in any cases in which suspects have not been told of their constitutional rights have not been told of their constitutional rights before police questioningbefore police questioning

Miranda RuleMiranda Rule Told of his or her right to remain silentTold of his or her right to remain silent Anything they say can be used in courtAnything they say can be used in court Right to have an attorney present during Right to have an attorney present during

questioningquestioning If unable to hire an attorney, one will be providedIf unable to hire an attorney, one will be provided they may bring police questioning to an end at they may bring police questioning to an end at

anytimeanytime

Section 4Section 4

PunishmentPunishment

Bail and Preventative Bail and Preventative DetentionDetention

BailBail Sum of money that accused may be Sum of money that accused may be

required to post (deposit with the court) as a required to post (deposit with the court) as a guarantee that he or she will appear in courtguarantee that he or she will appear in court

Not guaranteed bail, just that it won’t be Not guaranteed bail, just that it won’t be excessiveexcessive

Preventive DetentionPreventive Detention A federal judge can order that the accused A federal judge can order that the accused

be held, without bail, when there is good be held, without bail, when there is good reason to believe that he or she will commit reason to believe that he or she will commit another serious crime before trialanother serious crime before trial

Cruel and Unusual Cruel and Unusual PunishmentPunishment

8th Amendment forbids “cruel and 8th Amendment forbids “cruel and unusual punishment”unusual punishment”

Capital PunishmentCapital Punishment is not necessarily is not necessarily considered cruel and unusual punishmentconsidered cruel and unusual punishment

Court has held that punishment should fit Court has held that punishment should fit the severity of the crimethe severity of the crime

Also cannot be denied medical treatment in jailAlso cannot be denied medical treatment in jail

Capital PunishmentCapital Punishment

Punishment by deathPunishment by death Court has avoided the charged issue, Court has avoided the charged issue,

however has made a couple decisions however has made a couple decisions in regard to capital punishmentin regard to capital punishment

Can be imposed for crimes resulting in the Can be imposed for crimes resulting in the death of the victimdeath of the victim

Cannot be imposed on mentally retarded Cannot be imposed on mentally retarded criminalscriminals

TreasonTreason

Only crime that is defined in the ConstitutionOnly crime that is defined in the Constitution Can consist of only two thingsCan consist of only two things

Levying war against the United StatesLevying war against the United States ““Adhering to their Enemies, giving them Aid and Adhering to their Enemies, giving them Aid and

Comfort”Comfort”

Not one can be punished, unlessNot one can be punished, unless Testimony of two witnesses to the same actionTestimony of two witnesses to the same action Confession in open CourtConfession in open Court

States also have treason lawsStates also have treason laws