Transcript AG 13-14 Unit V posted Civil Rts_Lbrtys

The Unalienable Rights
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Declaration of Independence Guarantees
certain rights & liberties
Civil Liberties: protections against
government (ex. Freedom of speech,
press, assembly, religion, etc.)
Civil Rights: the positive acts of
government that seek to make the
guarantees of the Constitution a reality for
all people (ex. Civil Rights Act of 1964)
Federalism & Individual Rights
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The scope of the Bill of Rights; applies
only to the National (Federal) Government
The Modifying Effect of the 14th
Amendment – Supreme Court  State
governments may not deny people their
rights because of the wording of the 14th
Amendment’s Due Process Clause
9th Amendment: states that there are
rights retained by the people that are not
spelled out in the Constitution
John Locke’s “inalienable rights”
Due Process of Law
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Police Power: the police power of the state is its
power to protect public health, safety, morals,
and welfare
Courts decide how to balance the needs of
society against the rights of individuals
“liberal” – favor rights of the individual
“conservative” – favor the rights of the
government
Right of privacy: “the right to be free, except
in very limited circumstances, from unwanted
government intrusions into one’s privacy.”
Freedom & Security of the Person
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The Right to Keep & Bear Arms:
2nd Amendment - protects the right of
each State to keep a militia
Does not restrict the States’ power to limit
the right to keep and bear arms
Security of Home and Person:
3rd Amendment – prohibits the quartering
of soldiers in private homes except in time
of war and then only according to law
Freedom & Security of the Person
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4th Amendment – police must, except in
particular cases, possess a warrant
obtained with probable cause in order to
make an arrest or search for evidence
Automobiles – police do not need a
warrant if there is reason to believe the
vehicle holds evidence of a crime
Freedom & Security of the Person
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Exclusionary Rule – evidence obtained as
a result of an illegal act by police cannot
be used to prosecute the person for whom
it was seized
Must balance the protection of individual
rights against society’s need to be
protected from criminals
Rights of the Accused
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A. Habeas Corpus – court order directing
officials holding a prisoner to show cause
why he/she should not be released
B. Bills of Attainder – acts that inflict
punishment without a court trial;
Constitution bans them
C. Ex Post Facto Laws – criminal laws that
provide for punishment of a crime
committed before the law was passed;
Constitution bans them
Rights of the Accused
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D. Grand Jury – decide if there is enough
evidence for a trial
E. Double Jeopardy – 5th Amendment
guarantees that a person may not be tried
more than once for the same crime
F. Speedy & Public Trial – 6th Amendment
requires that persons be given a prompt
trial, in most cases within 100 days of
arrest
Rights of the Accused
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G. Trial by Jury – right to trial by an
impartial jury and a unanimous verdict is
usually required for conviction
Defendants may waive this right & be
tried by a judge alone
H. Right to an Adequate Defense – right
to be told what the charges are, to
confront the witnesses against them, to
compel defense witnesses to testify, and
have assistance of counsel
Rights of the Accused
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I. Self-Incrimination – burden of proof is
always on the prosecution, coerced
confessions cannot be used, a person
cannot be compelled to testify against
himself/ herself
Miranda Rule states that police must
inform accused persons of their basic
rights before questioning them
Rights of the Accused: Punishment
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Excessive Bail, Fines – 8th Amendment
must be reasonable for the crime
Cruel & Unusual Punishment –
8th Amendment forbids
Capital Punishment – can only apply when
the crime results in the death of the victim