Civil Liberties & Civil Rights Rights of the Accused Civil Liberties & Civil Rights

What other liberties are protected in the Bill of Rights? Rights & Liberties intro What other liberties are protected in the Bill of Rights?

Civil Liberties & Civil Rights Second Amendment Civil Liberties & Civil Rights

Rights & Liberties Second Amendment The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed” The Constitution moved the military power from the states to the national government – this preserved militias This protected the people from being completely disarmed by the state, preserving their ability to defend themselves from a tyrannical government For 200+ years the Court interpreted this right to mean that militias had this right

Rights & Liberties Second Amendment Interpreting the 2nd Amendment Washington, D.C. banned handguns and required that shotguns be kept disassembled in the home Does this infringe upon Heller’s Second Amendment rights? DC v. Heller For the first time, the Court ruled that the 2nd protects an individual’s right to a firearm unconnected with service in a militia for lawful purposes & self defense Individuals, not just militias, have a right to keep and bear arms

Interpreting the 2nd Amendment Rights & Liberties Second Amendment Interpreting the 2nd Amendment Chicago passed a citywide handgun ban in 1982. All guns had to be registered & they stopped accepting registration then Can a state limit the right to bear arms or are they violating the 2nd Amendment? McDonald v. Chicago Following Heller , the Court incorporated the Second Amendment, protecting an individual’s right to bear arms from the states

Civil Liberties & Civil Rights Search & Seizure Civil Liberties & Civil Rights

Rights & Liberties Fourth Amendment Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized

Rights & Liberties Fourth Amendment Search & Seizure Probable Cause – there is reason to believe that a crime has been committed or there is evidence relevant to a criminal investigation Search Warrant – issued by a judge, it authorizes a search, specifying the areas to be searched and what is being searched for

DO NOT CONFUSE SEARCH ISSUES WITH PRIVACY RIGHTS Rights & Liberties Fourth Amendment Search & Seizure Probable Cause – there is reason to believe that a crime has been committed or there is evidence relevant to a criminal investigation Search Warrant – issued by a judge, it authorizes a search, specifying the areas to be searched and what is being searched for DO NOT CONFUSE SEARCH ISSUES WITH PRIVACY RIGHTS

Rights & Liberties Fourth Amendment Search & Seizure Mapp v. Ohio Mapp’s house was being searched for a fugitive without a proper warrant. Instead police found obscene materials and arrested her. Is this a legal search? Is she receiving due process? Mapp v. Ohio No – the warrant was invalid and the obscene materials would not have been found legally. This established the Exclusionary Rule

Evidence obtained illegally is inadmissible in court. Rights & Liberties Fourth Amendment Exclusionary Rule Evidence obtained illegally is inadmissible in court. The accused may still be held responsible but will have to be tried with other independent evidence obtained legally

Rights & Liberties Fourth Amendment Good Faith Exception: Police conduct a search with a warrant, but later found the warrant to be invalid because of a mistake Evidence seized by officers acting in good faith is still admissible. Typos, mistakes, etc. will not invalidate all evidence. The police acted in good faith Inevitable Discovery Rule If the evidence were eventually going to be obtained legally, it can still be admitted into court

Rights & Liberties Fourth Amendment Other search issues Police can search if they have probable cause a crime is being committed. Police can search without a warrant if a person consents to the search Police can conduct a search immediately after an arrest If evidence is in plain view, police do not need a warrant to obtain it.

Police can search if they think that the evidence will be destroyed Rights & Liberties Fourth Amendment Other search issues Police can search if they think that the evidence will be destroyed A signal from a police dog can be sufficient evidence to trigger probable cause Co-occupant consent rule – a roommate can give police consent for a search

Should she be protected by the Fourth Amendment? Rights & Liberties Fourth Amendment New Jersey V TLO TLO (we protect her identity) is a student who got caught smoking in the bathroom at school. The Vice Principal searched her purse without consent, finding marijuana, a pipe, & documentation of sales!! Should she be protected by the Fourth Amendment? NO! The smoking justified the search. Schools don’t offer the same level of 4th Amendment protections to students as adults in the real world

Civil Liberties & Civil Rights Fifth Amendment Civil Liberties & Civil Rights

No double jeopardy – you cannot be tried twice for the same crime Rights & Liberties Freedom of Assembly Fifth Amendment Due process of law – everyone is treated equally and goes through a fair process No self-incrimination – you cannot be forced to testify against yourself No double jeopardy – you cannot be tried twice for the same crime Eminent Domain – the govt can take your private property for public use, but not without compensation

Rights & Liberties Freedom of Assembly Self Incrimination “You have the right to remain silent” The defendant cannot be forced to testify at trial Defendants must be informed of their rights to not testify Coerced confessions are not admissible in court A person may “plead the fifth’ in order to avoid incriminating themselves

Rights & Liberties Freedom of Assembly Self Incrimination Miranda committed a crime and confessed after questioning by police His lawyer argued that his confession was not fairly obtained since Miranda did not know his rights. Miranda v. Arizona People must be made aware of their rights by the state for the confession to be legal in a court case Now every arrest must begin with a recitation of a “Miranda warning”

Civil Liberties & Civil Rights Sixth Amendment Civil Liberties & Civil Rights

What does “speedy” mean? Rights & Liberties Sixth Amendment Speedy Trial What does “speedy” mean? SCOTUS has ruled there is a limit of 100 days between arrest and start of trial Doesn’t really mean anything because prosecutors and defense attorneys can ask for extensions and they are almost always granted. If the defense asks for a delay, they can no longer claim that he trial was unfair because it wasn’t speedy enough

Rights & Liberties Sixth Amendment Public Trial We must balance the right of the defendants with the rights of the press. If publicity would undermine the defendant’s right to due process, limits can be placed on public access It is harder for the government to prove the need to close the trial than it is for the defendant. EX: organized crime cases (security of witnesses), rape cases (decency), juvenile cases, cases involving classified information

Rights & Liberties Sixth Amendment Right to Counsel Powell v. Alabama A criminal defendant has the right to be represented by a lawyer in all interactions with the state Powell v. Alabama The basis for Gideon, Court ruled you are guaranteed counsel in death penalty cases, even if you can’t afford it. Incorporated 6th amendment right to counsel – state govts. Must provide you with counsel if you cannot afford it. Gideon v Wainwright

Civil Liberties & Civil Rights Eighth Amendment Civil Liberties & Civil Rights

Bail can be denied to those who are considered dangerous or Rights & Liberties Punishment Excessive Bail Excessive bail was incorporated in 2019 – states cannot charge excessive fines Bail can be denied to those who are considered dangerous or are likely to flee Fines cannot be so expensive that they amount to a deprivation of property without due process of law

Rights & Liberties Punishment Death Penalty Forbids some actions entirely, especially when the punishment does not math the offense Punishments also must deal with the competence of the perpetrator We do not give the death penalty to anyone under 18 States cannot execute those who are mentally handicapped

Rights & Liberties Punishment Furman V Georgia Gregg V Georgia In 1972 the death penalty was ruled unconstitutional because it was imposed unfairly (it was imposed inconsistently and disproportionately against African American defendants) It did not violate the 8th Amendment, but it did violate the 14th Amendment Gregg V Georgia Four years later the death penalty was allowed to resume after Georgia came up with a more fair system. SCOTUS says the death penalty does not violate Cruel & Unusual punishment

Civil Liberties & Civil Rights Bigly Ideas Civil Liberties & Civil Rights

Public Policy Wrap Up Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Focus on these things: