Civil Liberties: Protecting Individual Rights

Due Process Contained in 5th and 14th amendment Cannot deprive anyone life, liberty, or property without due process of law Whatever the government does, it must act fairly and in accord with established rules Procedural due process- deals with how, procedure and method Substantive due process- involves the what, substance, the policies

Due Process Rochin v. California 1952, stated that cops couldn't break into apartment, force him to open mouth, and pump stomach. Violation of due process Pierce v. Society of Sisters 1925, court ruled law was not enforced unfairly but only violated right of choice by parents

Police Power Authority of state to act to protect and promote the public health, safety, morals, and general welfare Use of police power clashes with civil liberties often Search warrant- court order authorizing a search for evidence

Police Power Protecting the public 1. promote health 2. promote safety Limit sale of tobacco and alcohol Require vaccination for school children 2. promote safety Regulate concealed carry Require seat belts 3. promote morals Regulate gambling, prostitution and porn 4. promote general welfare Compulsory education Help medically needy

Right to Privacy Stanley v Georgia 1969 “right to be let alone” porn in personal house Griswold v. Connecticut 1965, right of women to birth control Lawrence v Texas 2003, right to have sex in own home between consenting adults Roe v wade 1973, women's right to their own body

Slavery and Involuntary Servitude 13th Amendment Forbade forced servitude except as punishment for a crime

Security of Home and Person 3rd Amendment prevent quartering 4th Amendment prevents warrantless searches Probable cause- reasonable suspicion of crime, used to obtain warrant Don’t need warrant if evidence in plain view Arrest- seizure of a person Can arrest without a warrant in a public place if crime has been viewed

Habeas Corpus Intended to prevent unjust arrest and imprisonment Bill of attainder- legislative act that provides for the punishment of a person without a court trial Illegal, Article I section 9 All such laws have been struck down by the court

Ex Post Facto Laws Article 1 section 9 and 10 prohibit congress and state legislatures from enacting ex post facto laws Ex post facto law- a law applied to an act committed before the act 1. criminal law (defining a crime or its punishment) 2. applies to an act committed before passage 3. works to disadvantage of accused Retroactive civil laws are not forbidden

Grand Jury Grand jury- a formal device by which a person can be accused of a serious crime (16 to 23 people) Indictment- formal complaint that the prosecutor lays before the grand jury, charges accused with one or more crime Presentment- formal accusation brought by the grand jury on its own motion, rather than from a prosecutor Grand jury used to protect against overzealous prosecutor

Double Jeopardy 5th amendment protects against it Double jeopardy- once a person has been tried for a crime, they cannot be tried for that same crime again Can be charged and tried by both state and federal government for same crime Hung jury- trial in which a jury cannot agree on a verdict, no jeopardy Also does not count if appealed to higher court

Speedy and Public Trial 6th amendment 4 criteria for constitutional delay 1. length of the delay 2. reason for it 3. whether the delay has in fact harmed the defendant 4. whether the defendant has asked for a prompt trial Speedy trial act of 1974 says trial must be within 100 days of the arrest The 6th also guarantees a public trial

Trial by Jury 6th amendment tried “by an impartial jury” Jury must be drawn from district where crime was committed Defendant can ask for “change of venue” if local individuals are prejudiced and an impartial jury cant be drawn Can wave right to jury, then a judge decides Juries typically have 12 members In criminal federal cases a unanimous vote needy to convict

Adequate Defense attorney must be given to defendant who can not afford one 6th amendment Defendant has right to be informed Right to be confronted by witness against him To have assistance of council on their defense

Self-Incrimination 5th amendment Covers all legal proceedings not just criminal Person cannot be forced to confess to a crime under duress (torture, psychological, or physical pressure) Miranda rule- police must read a suspect their rights before any questioning occurs

Bail and Preventative Detention Bail- a sum of money that the accused post as a guarantee they will appear in court Preventative detention- held without bail so they don’t commit another crime before the trial

Cruel and unusual punishment 8th amendment 15yrs hard labor ruled cruel and unusual Also making drug addiction a crime was as well

Capital punishment Capital punishment- death penalty Court struck down multiple law due to giving to much discretion to judge and juries in deciding the punishment Only part upheld is two-stage approach -first the person is tried for the crime, wither they were innocent or guilty Second another trial to determine if the death penalty is suitable Cannot be imposed of mentally challenged Cannot be imposed on those who were under 18 when they committed the crime

Treason Article III section 3 1. levying war against the united states 2. adhering to their enemies, giving them aid or comfort Also two witnesses needed