Chapter 14 Citizenship and Equal Justice

Searches and Seizures Society must be protected against criminals, but individual rights must be preserved Searches and Seizures – 4 th Amendment protects you from unreasonable searches and seizures – Police must state under oath that they have probable cause to suspect someone of committing a crime to justify a search

Searches and Seizures Searches and Seizures cont… – 23 states – no warrant needed if there is probable cause for a felony – Special situations No warrant needed if police witness a crime Police can seize drugs during traffic stop No warrant needed to search trash in front of house Drug tests – Exclusionary Rule - illegally obtained evidence cannot be used in federal courts

Searches and Seizures Searches and Seizures cont… – Schools New Jersey v. TLO – School officials do not need warrants or probable cause to search students or their property – Reasonable suspicion, grounds Random drug testing for athletes – Wiretapping and electronic eavesdropping Considered search and seizure by the Supreme Court

Guarantee of Counsel 6 th Amendment guarantees defendant right “to have assistance of counsel for his defense” – Counsel = attorney

Self-Incrimination 5 th Amendment – “no one shall be compelled in any criminal case to be a witness against himself” – Confessions extorted by force or violence violates the 5 th Examples?

Double Jeopardy Person may not be tried for the same crime twice If criminal act is in violation of both state and federal laws they can be tried at both levels Single act may involve multiple crimes

Cruel and Unusual Punishment 8 th Amendment forbids “cruel and unusual punishment” Controversy over the death penalty

Equal Protection of the Law 14 th Amendment forbids states from denying any person within its jurisdiction equal protection No unreasonable distinctions among different groups of people – Ex: not allowing people with red hair to get a license Rational basis test – the court will uphold a state law when the state can show a good reason to justify the classification – Hate crimes have longer sentences in some states

Equal Protection of the Law Suspect Classification – when classification is based on race or national origin, subject to judicial scrutiny – Ex: African Americans riding in the back of buses – State must show the Court some compelling interest to justify the law Addresses a public problem

Equal Protection of the Law Proving intent to discriminate – Discrimination – individuals are treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion Showing an intent to discriminate – Ex: Tests you have to pass for certain jobs

Review Questions 1.What is the exclusionary rule? 2.What are 2 examples of times police do not need arrest or search warrants? 3.What does the 8 th Amendment protect you from? 4.What type of alien refers to citizens of a nation with which the US is at war?

Review Answers 1.Exclusionary Rule – can’t use evidence obtained in violation of the 4 th Amendment – handed down in Mapp v. Ohio 2.Witness a crime, drugs at traffic stop, trash in front of house 3.Cruel and unusual punishment, double jeopardy, excessive bail and fines 4.Enemy alien

Challenges for Civil Liberties Affirmative Action – Government policies that directly or indirectly give a preference to minorities, women, or physically disabled in order to make up for past discrimination from society as a whole Opponents will argue reverse discrimination What do you think?

Citizens’ Right to Know Security classification system – information on government activities related to national security and foreign policy may be kept secret Freedom of information Act – federal agencies to provide citizens access to public records on request Sunshine Act – agency meetings open to public with one week notice – If closed, a transcript is to be provided

Review Question What are the three ways someone can be an American citizen? Be sure to describe each one.

Chapter 15 Law in America

Review Questions 1.What are the four types of law? 2.What are the two categories for property and what is the difference between them? 3.What are the three types of crimes? Give examples for each.

Answers 1.Constitutional, Statutory, Administrative, Common 2.Real – your house, the land it’s on, and everything growing on it Personal – moveable things, intangibles; all the things in the house 3.Petty Offense - speeding Misdemeanor - vandalism Felony - murder

Source of American Law Law = set of rules and standards by which society governs itself

Source of American Law Early Systems of Law – Code of Hammurabi – 282 legal cases covering property, family, criminal, and civil law in ancient Babylon – 10 Commandments – Guidelines as to how people should behave towards one another (Judaism and Christianity) – Justinian Code – Reorganization and simplification of Roman law Considered by many to be Rome’s greatest contribution to civilization Influenced the Napoleonic Code – used in many countries today

Types of Law Constitutional Law – Deals with the formation, construction, and interpretations of constitutions Cases decide limits to gov’t power, individual rights Statutory Law – Statute – law written by a legislative branch – Ordinances – statues passed by city councils – Also known as Roman law

Types of Law Administrative Law – Spells out the authority and procedures to be followed by administrative agencies, as well as rules and regulations issued by these agencies Common Law – aka case law – law made by judges in the process of resolving individual cases Equity – system of rules by which disputes are resolved on the grounds of fairness – Can require action beyond fines, jail

Legal System Principles Equal justice under the law – Effort to treat all people the same Substantive due process – Deals with certain individual rights (ex: religion) Procedural due process – Notice to person they are doing something wrong and that the government will take action – Accused person has the right to respond or be heard concerning accusations of wrongdoings

Substantive Due Process Freedom of Religion examples – Lemon v. Kurtzman Three part test Is the primary purpose to advance religion? Is the primary effect to advance religion? Does it entangle gov’t in religious affairs? – Engel v. Vitale Gov’t can’t compose a prayer for anyone to recite – violates establishment clause

Civil Law Concerns disputes between 2 individuals or individuals and government Contracts – Set of voluntary promises – Expressed – terms are specifically stated – Implied – terms are not specifically stated

Civil Law Property Law – Real Property – land and whatever is attached to or growing on it – Personal Property – movable things and intangibles – Fair Housing Act – protects people from discrimination when purchasing a home or trying to obtain a loan

Civil Law Family Law – Deals with marriage, divorce, and child-parent relationships Tort – Wrongful act in which someone can sue for damages – Can be intentional or negligent

Steps in a Civil Case Plaintiff – person who brings charges in a lawsuit (complaint) Defendant – person on which the suit is brought Steps in a Civil Case – Hire a lawyer – File a complaint – Pretrial discovery – check facts, gather evidence – Resolution without trial – Trial – Award

Steps in a Civil Case Small claims court – Deals with small debts, property damages, landlord/tenant disputes, small business disputes

Criminal Law Types of crime – Petty offenses – speeding, littering, illegal parking – Misdemeanors – vandalism, stealing – Felonies – kidnapping, murder

Criminal Law Steps in a criminal case – Investigation and arrest – Initial appearance Given charges Plea Possibility of bail – Preliminary hearing Indictment – formal charges – Plea bargaining – Arraignment and pleas 1 of 4 pleas: guilty, not guilty, not guilty because of insanity, or no contest (not guilty but not contesting the charge) – Trial 5 th Amendment – defendant doesn’t have to testify – Decision Verdict Hung jury – mistrial – Sentencing