Chapter 20: Civil Liberties: Protecting Individual Rights

Section 1: Due Process of Law Due Process Restrictions on GovernmentBenefits to Individuals  Must act fairly and in accord with established rules when enforcing laws  Laws must be fair  Life, liberty, and property cannot be taken unfairly  Civil liberties are protected by government following established procedures

Public’s health, safety, morals, and/or general welfare of most importance Constitutional right of due process creates the right to privacy Griswold v. Connecticut, 1965—State prohibited use of birth control; SCOTUS said state could not police marital bedroom Roe v. Wade, 1973—struck down TX law that criminalized abortion 1 st trimester—State must recognize woman’s right to choose 2 nd trimester—State can make reasonable regulations about how and when; but cannot prohibit procedure 3 rd trimester—State can prohibit all abortions; except those that preserve life/health of mother

Section 2: Freedom and Security of the Person 2 nd amendment 3 rd amendment Government cannot violate home

4 th amendment Search warrants and probable cause Arrests—if lawful arrest they don’t need a warrant to search Can arrest on probable cause—think you have or are about to commit a crime Vehicles—need warrant to search, unless probable cause; no warrant needed to use dogs; arrest = search Exclusionary Rule—“tainted evidence”—evidence gained as a result of an illegal search cannot be used in court Patriot Act—after 9/11 13 th amendment Includes involuntary servitude and discrimination 14 th amendment

Section 3: Rights of the Accused 5 th Amendment6 th Amendment  Grand jury in federal criminal cases o members o 12 votes needed o Indictment—formal complaint by prosecutor—charges the accused with at least one crime  No double jeopardy  No self-incrimination o Miranda rule  Speedy and public trial  Impartial jury  Adequate defense  Informed of nature and cause of accusation  Confront witnesses  Subpoena favorable witnesses  Assistance of council

Writ of habeas corpus—aka writ of liberty—intended to prevent unjust arrests and imprisonments Court order that commands prisoner be brought before court and officer must show, with good reason, why prisoner should not be released PRHOBITTED by Congress Ex Post Facto Law—law applied to an act committed before the passage of the law; “after the fact” 1.Criminal law—clearly defined and provides punishment 2.Applies to an act committed before the passage of said law 3.Works to the disadvantage of the accused

Section 4: Punishment 8 th amendment No excessive bail No cruel and unusual punishment Wilkerson v. Utah, 1879—1 st SCOTUS case regarding “cruel and unusual” Convicted murderer sentenced to death by firing squad—OK Constitution prohibited such “barbaric tortures” as Burning at the stake Crucifixion Drawing and quartering (each limb tied to horse…)

Capital Punishment—death penalty 31 states allow death penalty (including FL) 19 states do not allow death penalty Treason—can only be committed during war time Includes all US citizens (regardless of where they live) and all permanent resident aliens Espionage, sabotage, or attempt to overthrow government is criminal regardless of war or peace