Transcript Chapter 4 The Supreme Court and the Constitution

Chapter 4
The Supreme Court and the
Constitution
Section 3
Rights of the Accused
Presumption of Innocence
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Why is this the way we approach an
accused individual?
1. The accuser/government has all the
advantages
2. Burden of Proof
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This is the government’s job
Reasonable Doubt
Presumption of Innocence
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What is a negative/problem with
presumption of innocence?
1. Guilty people go free
2. Guilty people may plea bargain
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Plead guilty to a lesser charge
Due Process
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14th Amendment – allowed due process
for all people – federal law and state law
2 Types
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Procedural – government follows the rules by
which it has agreed to treat the accused
Substantive – the laws themselves are fair
and constitutional
Due Process cont.
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Probable Cause
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Miranda
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Remain silent and have an attorney
Grand Jury
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A valid reason
Is there enough evidence?
Informed of the charge
Speedy and public trial by jury
Due Process cont.
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Prosecution must prove to a jury that the
accused is guilty beyond a reasonable doubt
Accused does not have to answer questions
Accused can question the accusers
Accused can have testimony on their behalf
Double Jeopardy
Appeal
Supreme Court Decisions
Expanded Rights of the Accused
Mapp v. Ohio
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Evidence gotten illegally can not be used
against an accused person
Gideon v. Wainwright
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Florida man put in jail after he had to defend
himself in court
If you can’t afford an attorney?
Supreme Court Decisions cont.
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Miranda v. Arizona
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Informed of your rights upon arrest
Should lawbreakers have this many rights?
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 Should society’s right to protection from
these criminals be of greater importance?
Section 4
Civil Rights
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Constitutional Terms
Civil Rights
Constitutional rights guaranteed to all citizens
Discrimination
Policy or attitude that denies equal rights and treatment
to a certain group of people
Segregate
To separate people based on race, ethnic background or
class
Jim Crow Laws
Legislation trying to segregate people based on race
Dred Scott v. Sandford
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Dred Scot
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Black slave
Lived with his master in Missouri (a slave
state)
They lived in a free state (Illinois) and a free
territory (Minnesota)
On return to Missouri Dred Scot sued for his
freedom
Supreme Court ruled that he was property
and could not sue for his freedom
Plessy v. Ferguson
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Late 1800’s people in the north and south
denied civil rights to black Americans
The south used Jim Crow Laws –
legislation to segregate
“Separate but Equal” facilities was not a
denial of civil rights
Homer Plessy – What happened?
Brown v. Board of Education of
Topeka
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8 year old Linda Brown sued the Topeka Board
of Education
She had to travel to an all black school when a
“white” school was close to her home
The Court reversed it’s ruling in Plessy v.
Ferguson
The court said that “separate educational
facilities are inherently unequal”
separate but equal “has no place in public
education”
Brown v. Board of Education cont.
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The Court ordered states to integrate their
schools “with all deliberate speed.”
This case was the beginning of the
modern day civil right’s movement (1954)
Other Minorities & Civil Rights
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Other Americans - Chinese, Japanese, Native,
Latinos, Women, Jews
All of these groups have experienced prejudice
and discrimination throughout history
 Some Examples
Korematsu v. United States
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Pearl Harbor attack
Relocation camps
What did the Supreme Court rule?
Cleveland Board of Education v.
LaFleur
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Women
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Maternity leave
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Supreme Court ruled in favor of LaFleur
Cleveland School Board rules regarding
maternity leave were unconstitutional
under the 14th Amendment