Bill of Rights

Think Pair Share

• Make a list of the rights granted to you by our government

• Are rights absolute - are you free to act how you want without any limitations- or are there limitations on your rights?

• If there are limitations, what are some of the limitations?

• What is the Bill of Rights?

Bill of Rights• 1st 10 amendments to the Constitution

• Sets forth civil liberties (guaranteed basic rights and freedoms) and civil rights (freedom from unequal treatment)

1st Amendment

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”

• Which rights are stated in the 1st Amendment?

1st Amendment

• Freedom of Religion– Establishment clause– Free exercise clause

• Freedom of speech• Freedom of press• Freedom of assemble• Freedom to petition

Freedom of Religion

• Establishment Clause - Prohibits the government from creating a national religion and provides for the separation of Church and State

• Free Exercise Clause – the right to practice your own religion– Belief is absolute, ability to act on that is not

Press• Prior Restraint – censorship that is imposed before expression

actually takes place• Unconstitutional except in certain circumstances such

as national security– Example: publishing troop movements in Afghanistan

Illegal Speech• Clear and present danger – words that

distress or incite violence• Yelling fire in a crowded movie theater when

there is none

• Libel – written speech that harms a reputation

• Slander – spoken speech that harms a reputation

• Obscenity• Miller Test

– Using contemporary standards is considered obscene

– Clearly offensive to the public– lacks serious literary, artistic, political, or scientific

value

Legal Speech

• Symbolic Speech – actions that convey a particular message or statement– Flag waving, demonstrations, protests buttons, sit-

ins

2nd Amendment

• Controversy - balancing right to bear arms against the need for public safety– Right to own a weapon for protection– The danger to the public caused by guns

• Laws – 31 States – open carry– Most states prohibit carrying in vehicles or concealed carry without a

permit– Convicted felons, unlawful drug users, serious mental illness,

convicted of domestic violence– Brady law – requires criminal background checks to purchase

handguns, machine guns, concealed carry permits

Due Process

• Agents of the government must follow rules and procedures– Police, lawyers, judges, etc.– State/city/town employees or elected officials– Especially when dealing with someone accused of

a crime

Intention

• Intention: protect citizens– Founding Fathers worried that a large government

would abuse its power• Had seen abuse of power under King George III

– Wanted to guarantee the rights and freedoms of the citizens

Due Process Laws

• Most examples are found in the Bill of Rights–4th, 5th, 6th, 7th, 8th Amendments

• Some due process procedures are a result of Supreme Court cases– Right to a free attorney (Gideon v. Wainwright)– Being read your rights when arrested (Miranda v.

Arizona)

Due Process

• Due Process - The rules and procedures that must be followed by government officials to ensure a person who has committed a crime is treated fairly

4th Amendment

• Secure in their persons…– People, their homes, papers, and personal items are considered

private • Unreasonable …

– Searches of the above items cant be arbitrary, or unreasonable • If most of society believes that a person would expect privacy, then police

can’t search

• Warrant – Permission from a judge to perform the search

• Must justify search and specify people and places to be searched

• Probable Cause – Probably, but not for sure

Kyllo v. U.S.4th Amendment

• Kyllo – growing marijuana plants, police used infrared tech to obtain a warrant

• Ruling: Unreasonable search and seizure– Expectation of privacy – search provided information

about homes interior that couldn’t have been obtained without a physical intrusion

• Limit or Strengthen Governments Power?– Limited

• Think/Pair/Share - What are the advantages for the accused and the disadvantages for the government?

New Jersey v. TLO4th Amendment

• Case: 14 year old accused of smoking in bathroom. Principal searched purse & found marijuana.

• Ruling – Not a violation of 4th Amendment– Presence of marijuana papers gave rise to a “reasonable suspicion”

that she may have been carrying marijuana• Reasonable Suspicion is threshold for searches in school cases

– Not sure, Maybe• Expanded governments power in school cases• Think/pair/share

– Discuss the advantages to the government and disadvantages to the accused

Reasonable Suspicion v. Probable Cause

Reasonable Suspicion Probable Cause

Not Sure, but Maybe Not Sure, but Probably/More likely than not

Need Less evidence Need More evidence

Enough knowledge to lead a reasonably cautious person to believe that criminal activity is taking place and person has some part in it.

Enough trustworthy facts to believe that a crime has been committed

Examples:Person matches the description of the person who committed the crime

Person carrying around a hanger and looking in cars

Example:Contraband in plain viewBroken tail light, speeding, expired registration is NOT probable cause and you CAN refuse a search

Mapp v. Ohio4th Amendment• Mapp – Woman’s home was searched

when Cleveland police officers came to her home asking questions regarding a recent bombing. The officers demanded entrance into her home.– Searched and found obscene books,

pictures, and photographs.• Ruling – Evidenced obtained illegally

is not admissible – Exclusionary Rule

• Think Pair Share– Discuss the advantages to the accused

and disadvantages to the government

The Exclusionary Rule

• Exclusionary Rule - Prevents the government from using evidence that was collected in violation of the US Constitution– Evidence from an unreasonable search/seizure (4th

Am)• Also applies to situations in which due process

was violated– Self-incriminating statements obtained illegally (5th

Am)– Denial of right to counsel (6th Am)

Example

• The police are investigating a burglary. Of particular interest is a missing watch. An officer happens to see the victim's neighbor, Lisa, throw a watch into the trash can next to her house. "Stupid thing doesn't even work," Lisa shouts within earshot of the police.

• An officer wants to examine the discarded watch, but reasonably concludes that it is within the curtilage of Lisa's house. After all, the trash can sits next to Lisa's house behind a short picket fence, with a sign saying that the garbage is off limits to the public. Rummaging through Lisa's trash now would most likely violate the Fourth Amendment.

• Not willing to risk that any evidence will be suppressed under the exclusionary rule, the police officer obtains a search warrant. In his affidavit, the officer attests to the following facts: a burglary took place, a watch was taken, and next day, the victim's neighbor placed a watch into her trash can while saying that it "doesn't even work." Seeing probable cause that a crime was committed and that the evidence is in Lisa's trash can, a magistrate judge grants a warrant to search Lisa's trash can.

• The watch is the same one that was stolen from the victim's home. • Can the watch be admitted as evidence?

Terry v. Ohio4th Amendment

• Case – Terry was stopped and searched by police after an officer saw him acting suspiciously. Concealed weapon was found on Terry.

• Ruling – Search was reasonable– May perform search without a warrant or without

probable cause if police officer reasonably believes the person may be armed and dangerous

Miranda Rights

• “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

• What rights are protected?– Self incrimination– Right to an attorney

Miranda v. Arizona – suspect was arrested for kidnapping and rape; suspect confessed to the crime; suspect later claims that he didn’t know that he had the right to freedom from self-incrimination….Supreme Court rules in his favorResult: upon arrest, police officers must make suspect aware of rights – “Miranda Warning”

- 5th Amendment - Focus on due process- Limit the power of the government by protecting individual rights

*Guarantees fair treatment of individuals before the law

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Must be “formally charged” with a crime before the criminal trial can begin

Cannot be tried for the same crime two times (if found “not guilty,” cannot be put on trial for that crime again)

Eminent Domain – the right of the government to take private property (ex: houses) for public use (ex: library); Kelo v. New London expands it to be for private use (ex: shopping center)

“I plead the 5th” – freedom from self-incrimination; you do not have to make a statement that would demonstrate your guilt

Kelo v. City of New London5th Amendment

• Case: New London used eminent domain authority to take private property and sell it to private developers

• Ruling: OK to take private land for a public purpose (economic development)

6th AmendmentWhat It Says…. What It Means…In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense

•Speedy and public trial – must be brought to trial quickly; no “closed” courtrooms (allows for reporters, general public, etc. to view)

•Impartial jury – no one on the jury has a bias in the case; no prior knowledge of the case

•Nature and Cause of Accusation – told what you are being accused of

•Assistance of Counsel – the right to an attorney; expanded in Gideon v. Wainright case: if a suspect cannot afford an attorney, the government must provide one

•Confront Witnesses – defense attorney can cross exam the prosecution’s witness

Gideon v. Wainright6th Amendment

• Case: Gideon was charged with a felony for breaking into a poolroom. He was poor and couldn’t afford an attorney. Florida law did not allow for appointed attorney’s except in a capital murder trial

• Ruling: Courts must provide an attorney to defendants who can’t afford their own

• How does this case expand the rights of the individual

7th and 8th Amendments

• Seventh Amendment• In a civil (as opposed to criminal) lawsuit, an individual

is entitled to a jury trial so long as the suit is for an amount of at least $20.– Civil lawsuits are typically about contracts, damage to

property or someone getting hurt, physically or financially

• Eighth Amendment• Excessive bail shall not be required, nor excessive fines

imposed, nor cruel or unusual punishment inflicted.

Roper v. Simmons8th Amendment

• Case – Christopher Simmons, 17, planned to rob and murder (premeditated) Shirley Crook, tying her up and tossing her off a bridge

• Ruling: Standards of decency have evolved so that executing a minor is “cruel and unusual” punishment

Due Process Amendments

• 4th – no unreasonable search and seizure– Kyllo v. U.S., NJ v. TLO, Mapp v. Ohio, Terry v. Ohio

• 5th – right to Grand Jury, No Double Jeopardy or Self Incrimination, Eminent Domain– Miranda v. Arizona, Kelo v. City of New London

•6th – right to Speedy and public trial, Impartial jury, Confront witnesses, right to an attorney, told of accusations

• Gitlow v. Wainright

•7th – right to jury in a civil case•8th – no excessive bail or fines, no cruel or unusual punishment

• Roper v. Simmons

Amendments 9-12

• 9th – individual rights not listed, are still individual rights

• 10th – powers not specifically listed in Constitution are “reserved” for the States

• 11th – federal courts can hear cases between an individual and a state

• 12th – Changed procedure for electing President and VP, now they run together on a “ticket” instead of 1st most popular (Pres) and 2nd most popular (VP) being elected