Civil Liberties and Rights of the Accused

Civil Liberties vs. Civil Rights The gov’t has the power to rule over citizens, but its power has limits Civil liberties – the Constitutional protections of citizens’ freedoms from gov’t abuse are found in the Bill of Rights Civil rights – gov’t policies that protect individuals from discrimination by the gov’t or other individuals

A Note About Rights Although people have rights, no rights are absolute (you CAN’T just do whatever you want!) When your rights get in the way of someone else’s rights, they aren’t rights anymore

Federalism and Rights The Bill of Rights (first 10 amendments) originally only applied to the national gov’t The 14 th Amendment requires state gov’ts to follow the Bill of Rights just like the national gov’t (known as the incorporation doctrine)

1 st Amendment - The Freedom of Religion Establishment Clause – the gov’t cannot establish a national religion Free Exercise Clause – the gov’t cannot choose to get in the way of your practice of religion

Separation of Church and State The gov’t and religion are separated by the Constitution They can interact, but one cannot control the other

The Lemon Test (From Lemon v. Kurtzman) In order for a school to get aid from the gov’t, the money… 1.) Cannot be used for religious purposes 2.) Cannot encourage or discourage religion 3.) Cannot entangle the gov’t up in religion

The Free Exercise Clause You have the right to believe and practice your religion as you wish (gov’t can’t get in the way of this) But your practice of religion CANNOT: – Violate criminal laws – Offend public morals – Threaten people’s safety

1 st Amendment – The Freedom of Speech – You have the right to express your opinions and to hear others’ opinions – Words have consequences – NOT everything is free speech!

What ISN’T Free Speech? – Slander – saying false and hateful things about someone to hurt their reputation – Libel – writing false and hateful things about someone to hurt their reputation – Seditious speech – threatening or encouraging the overthrow of gov’t by force or violence (action known as sedition)

Obscenity – Is NOT free speech – Something is obscene if: 1.) encourages an excessive interest in sexual matters 2.) It offensively depicts sexual material that is censored by law 3.) It lacks any tasteful artistic, literary, political, or scientific value

Also NOT Free Speech: – Clear and Present Danger – if what you say can cause a dangerous or harmful situation (ex: yelling “FIRE!” in a movie theater) – True Threats – threatening the well-being of someone else – Fighting Words - words you say that cause someone to react violently

– Symbolic speech - the expression of your ideas through your ACTIONS – Ex. Issues: Burning the flag and picketing (going on strike)

Texas v. Johnson (1989) Facts of the Case In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. Question Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

1 st Amendment – Freedom of the Press – Expression of ideas through printed words or images (ex: the media) – (freedom of speech rules still apply) – Prior restraint – the gov’t censoring you before you print or say something (NOT allowed)

Freedom of Assembly and Petition You have the right to: – peaceably gather with others to express your views on public policies – criticize the gov’t and ask them to fix problems (petition) Assemblies include meetings, demonstrations, protests, etc.

Limits on Assembly The gov’t can limit where, when, and how you assemble (to keep the peace) – Content neutral - gov’t cannot limit based on the content (subject) of the assembly You cannot protest on private property (you don’t have the right to trespass)

Freedom of Association Groups and organizations have the right to associate (interact) with who they wish Cannot be forced to associate with ideas that go against what they stand for

Ch Rights of the Accused Due Process - fair treatment according to the law Found in the 5th and 14th Amendments Two types: 1.) substantive due process - what the law is about must be fair (substantive = what it’s made of, its substance) 2.) procedural due process - how the law is enforced must be fair (procedural = how you do it)

Probable Cause You have the right against invasion of your privacy without probable cause probable cause - reasonable suspicion of a crime

Search Warrants Search warrant - a court order that gives police permission to search private property (must have probable cause) You DO NOT need a search warrant if: 1.) the person consents to search 2.) “in plain sight” - evidence is easily seen by the officer and can be taken 3.) if the suspect has been legally arrested 4.) cars stopped on probable cause

The Exclusionary Rule (exclude = leave out) Evidence that is taken illegally cannot be used against someone in court When the Exclusionary Rule doesn’t apply: “inevitable discovery” - the evidence would have been found lawfully anyway “good faith” - if officials are trying to follow the law but take evidence by mistake

When Accused… Writ of habeas corpus - you have the right to be told why you’re being arrested – An officer must prove to a court that you should be held for a crime (give a good reason)

Ex Post Facto Laws (ex post facto= after the fact) New laws cannot apply to people operating before the new law was passed

5th Amendment (Due Process) – Serious crimes need a grand jury to indict (bring charges against) – Double jeopardy - you can’t be accused of the same crime twice – Self-incrimination - you can’t be forced to testify against yourself --> “right to remain silent” (also must be read your rights)

6th Amendment – You have the right to: a speedy and public trial by an impartial (unbiased) jury Face the people accusing you Get witnesses to testify in support of you A lawyer to guide/counsel you through the trial

The Jury Jury duty is a citizen’s responsibility Jurors are randomly selected from the area where the crime took place 12 people on a jury Their decision on a case must be unanimous (all of them agree) If they are not 100% sure of guilt (reasonable doubt) they must give a verdict of “not guilty” If a jury can’t decide, it’s called a hung jury

8th Amendment – Protects against cruel and unusual punishment and excessive bail and fines – Bail - money the accused must pay as a promise to come back to court Can be held without bail in some cases Cannot be excessive (too much $) – Capital punishment - the death penalty