Transcript Civil Liberties: Protecting Individual Rights

Civil Liberties:
Protecting Individual
Rights
Chapter 20
Due Process
• Defined by the 5th and 14th
Amendment
• 5th- National Government
• 14th- State Governments
– Government cannot deprive any
person “life, liberty, or property,
without due process of law.”
Due Process
• What does it mean?
– In whatever it does, the government
must act fairly and in accord with
established rules. It may not act
unfairly….
– However…fair procedures are of
little value if they are used to
administer unfair laws!
Procedural and Substantive
Due Process
Examples:
Rochin v California
Pierce v Society of Sisters
The 5th Amendment
The 14th Amendment
Provides that the Federal
government cannot
deprive any person of
life, liberty or property
without due process
Provides that State and
local governments cannot
deprive any person life,
liberty, or property without
due process
Due
Process
Procedural, the how, or
methods of government
action
Substantive, the what, or
policies of government
action
Example: Rochin v
California 1952
Example: Pierce v Society of
Sisters, 1925
Police Power
• Definition?
– Reserved power of the States
– Power of each state to safeguard the wellbeing of its people.
Uses of Police Power
States’ duty to Protect:
Examples:
Health
-Alcohol, tobacco…recently?
-pollution
-vaccinations of children
Safety
-seat-belts
-drunk driving
-weapons
Morals
-gambling…thoughts?
-obscene materials
-prostitution
General Welfare
-education…16 or 18?
-regulate needy
-public assistance
Right of Privacy
• Is it guaranteed in the Constitution?
• What SCOTUS case was its existence
declared?
– Griswold v Connecticut
• What about?
Right of Privacy
• Most controversial case?
– Roe v Wade
Now a staunch
Anti-abortion
advocate
Privacy
1. Considering the constitutional right of
privacy, do you think it is proper for a
State to use its police power to protect
and promote morals among its citizens?
Explain!
Privacy
1. What would you say to someone who
argues that the use of seatbelts and car
seats is a matter of individual choice?
Freedom and the Security of the
Person
“Breathed new life” into the 13th Amendment
What is it?...Remember
Civil Rights act of 1866
• Jones v Mayer, 1968
• …every race and color….to inherit,
purchase, …..property as it is enjoyed by
whites….
• “At the very least, the
freedom that Congress is
empowered to secure
under the 13th
Amendment includes the
freedom to buy whatever
a white man can buy; the
right to live wherever a
white man can live”
– Justice Potter Stewart
Story of the Rainbow Cupcakes
• Can a bakery refuse
to sell to a gay and
lesbian student group
at IUPUI?
2nd Amendment
• Why Added?
– Protected the
right of each
state to keep a
militia
– Preserve the
concept of
citizen-soldier
– Founding Fathers
or George Bush?
Probable Cause
• Define
– Reasonable suspicion
of a crime
– What about your car?
– Reasoning?
– Movable crime scene
Exclusionary Rule
• What is it?
– Evidence that is gained as the result of an
illegal act by police cannot be used at the trial
of the person whom it was seized.
– Still being defined
Mapp v Ohio
• Landmark Case
• Exclusionary rule applied to States
Nix v Williams
• “Inevitable discovery”
• Can be used if it would ultimately have
been discovered by lawful means
United States v Leon
• “good faith” exception
• Thought they had a proper warrant
• Court upheld evidence
Arizona v Evans
• Upheld the “good faith” exception when
erroneous computer printout used
Maryland v Garrison
• “honest mistakes”
• Found evidence in wrong apartment
• Can use in Court
Drug Testing
• Is random drug testing for students who
participate in extra curricular activities?
• Pottawatomie v Earls 2002
• Thoughts?
Wiretapping
• Patriot Act
Rights of the Accused
Writ of Habeas Corpus
• Definition
– Court order to bring a
prisoner before a court
and show why he or
she should not be
released
• Purpose
– To prevent unjust
inprisonment
Rights of the Accused
Bill of Attainder
• Definition
– Legislative act that
inflicts punishment
without a court trial
• Purpose
– Banned to preserve
individual liberty and
the separation of
powers
Rights of the Accused
Ex post facto law
• Definition
– Criminal law that
applies to an act
BEFORE its passage
• Purpose
– Banned to prevent the
government from
trying to punish people
for actions that were
not crimes at the time
they were committed
Rights of the Accused
Indictment
• Definition
– Formal complaint laid
before a grand jury by
prosecutor
• Purpose
– Prevents overzealous
prosecutors from
recklessly charging
people with crimes
Rights of the Accused
presentment
• Definition
– Formal accusation
brought by a grand
jury on its own motion
• Purpose
– Allows grand jury to
act when a prosecutor
has some interest in
NOT prosecuting
Rights of the Accused
Double Jeopardy
• Definition
– Trying a person twice
for the same crime
• Purpose
– Banned to protect
citizens from being
prosecuted after being
acquitted (found not
guilty) of the same
crime
Rights of the Accused
Bench Trial
• Definition
– Trial in which the judge
alone hears the case,
rather than a jury
• Purpose
– The defendant always
has the right to a jury
trial, but that may be
waived if the
defendant is fully
aware of his or her
rights.
– Why would you waive
a jury trial?
Rights of the Accused
Miranda Rule
• Definition
– Miranda v Arizona
– Suspects must be told
of their rights before
being questioned by
police
• Purpose
– To prevent police from
coercing confessions
or self-incriminating
testimony from
uninformed suspects
Punishment
Punishment
• What constitutes excessive bail?
• In general…how has the SCOTUS ruled in
cases involving cruel and unusual
punishment?
• Most have been rejected
Punishment Cases
• In re Kemmler 1890
– It’s a Shocker…
Electrocution is OK!
Punishment Cases
• Louisiana v Resweber
– If first you don’t
succeed….
– It is okay to try again if
you survive the first
electrocution!
Punishment Cases
• Rummel v Estelle 1980
– “Three time Loser” = Life in prision
– $230
• Estelle v Gamble 1976
– Cannot be denied medical care
• Rhoads v Chapman 1981
– Two prisoners in cell built for one….
– A little cozy but OK
Punishment
• Is the Death Penalty cruel and unusual?
• Furman v Georgia 1972
– Made D.P. illegal
– Not because C.&U.
– Random application
– Most African American
– 38 states passed laws defining crimes that
warrant the D.P.