1. Civil Liberties: Protecting Individual Freedom Chapter 20

2. Due Process of Law Chapter 20 Section 1

3. Due Process Government must act fairly and in accord with established rules Procedural Due Process—Government must act fairly during the process Substantive Due Process—The laws in question must also be fair

4. Police Power States act to protect and promote the public health, safety, morals and general welfare –Limits on Alcohol, tobacco –Limits on carrying weapons –Limits on gambling and prostitution –Provide schooling and care for elderly

5. Right to Privacy The guarantee of Due Process, establishes the right to “privacy” Roe v. Wade 1973 gives the right to an abortion, with limits depending on trimester Roe has not been overturned, but recent rulings have severely limited access to the operation

6. Freedom and Security Chapter 20 Section 2

7. Constitution Protects Freedom 13 th Amendment—1865 Ends all Slavery in America 13 th Amendment—1865 Ends all Slavery in America Prior to 1865, states had Popular Sovereignty Prior to 1865, states had Popular Sovereignty –Could choose for themselves whether to allow Slavery –The people had supreme power within their state

8. 13 th Amendment Section 1 prevents Involuntary Servitude Section 1 prevents Involuntary Servitude In 1918, court upheld the legality of the selective service system—the draft In 1918, court upheld the legality of the selective service system—the draft Extends to other minorities Extends to other minorities –Jews –Arabs After Jim Crow, discrimination by private citizens is also not allowed After Jim Crow, discrimination by private citizens is also not allowed –Equal Employment –Equal Housing

9. 2 nd 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.” “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.” United States v. Miller 1939 prohibits sale of certain weapons United States v. Miller 1939 prohibits sale of certain weapons 2 nd Amendment does not fall under 14 th ’s Due Process Clause, letting states restrict guns 2 nd Amendment does not fall under 14 th ’s Due Process Clause, letting states restrict guns

10. Security of Home and Person Home security concerns both the 3 rd and 4 th Amendments Home security concerns both the 3 rd and 4 th Amendments 3 rd Amendment, Quartering Troops, has never been the subject of a Supreme Court Case 3 rd Amendment, Quartering Troops, has never been the subject of a Supreme Court Case 4 th Amendment, Search and Seizure, has extreme importance as it protects home and person 4 th Amendment, Search and Seizure, has extreme importance as it protects home and person

11. 4 th Amendment Passed to prevent blanket search warrants Passed to prevent blanket search warrants Police must have Probable Cause to be issued a search warrant Police must have Probable Cause to be issued a search warrant A warrant is not needed for evidence in plain view—trash is included A warrant is not needed for evidence in plain view—trash is included Can arrest and search immediate area without warrant Can arrest and search immediate area without warrant

12. Automobiles No warrant needed to search autos—its considered a movable crime scene— evidence can be lost while waiting for warrant No warrant needed to search autos—its considered a movable crime scene— evidence can be lost while waiting for warrant DUI checkpoints are legal, even though there is no probable cause DUI checkpoints are legal, even though there is no probable cause Since 1991, no warrant needed for glove compartment, trunk, or any other closed container inside the car Since 1991, no warrant needed for glove compartment, trunk, or any other closed container inside the car

13. Exclusionary Rule Evidence obtained by illegal acts of the police, is thrown out—Mapp v. Ohio Evidence obtained by illegal acts of the police, is thrown out—Mapp v. Ohio Police must obey law while they enforce the law Police must obey law while they enforce the law Critics argue: Why should people who are clearly guilty, get off on a technicality? Critics argue: Why should people who are clearly guilty, get off on a technicality?

14. Narrowing the Rule Inevitable Discovery: Evidence that would have inevitably been discovered by lawful means Inevitable Discovery: Evidence that would have inevitably been discovered by lawful means Good Faith: When acting within the warrant all evidence legal—Typos or misspellings does not make warrant faulty Good Faith: When acting within the warrant all evidence legal—Typos or misspellings does not make warrant faulty Honest Mistakes: Search apartment on third floor, but there are two apartments…? Honest Mistakes: Search apartment on third floor, but there are two apartments…?

15. Drug Testing Federal drug testing allowed for employees to curb the drug problem Federal drug testing allowed for employees to curb the drug problem Do not need warrant or give prior notice Do not need warrant or give prior notice

16. Wiretapping 1967 wiretapping made illegal without warrant 1967 wiretapping made illegal without warrant 1968 People can not, but federal and state agencies may tap phones with warrant 1968 People can not, but federal and state agencies may tap phones with warrant Can President protect country by tapping phones of suspected terrorists? Can President protect country by tapping phones of suspected terrorists? Supreme Court says no in 1972, and Congress in 1978 says warrant needed for foreign agents in the country Supreme Court says no in 1972, and Congress in 1978 says warrant needed for foreign agents in the country Bush has done it for the last two years!! Bush has done it for the last two years!!

17. Civil Liberties Chapter 20 Section 3 Rights of the Accused

18. Protections Habeas Corpus: prevent unjust imprisonments Habeas Corpus: prevent unjust imprisonments Bill of Attainder: Can not pass a law that declares a person guilty and sets punishment Bill of Attainder: Can not pass a law that declares a person guilty and sets punishment Ex Post Facto: Laws after the fact. New law can not make you guilty if you’ve done it in the past Ex Post Facto: Laws after the fact. New law can not make you guilty if you’ve done it in the past

19. Grand Jury: Prevents excessive prosecution Grand Jury: Prevents excessive prosecution Double Jeopardy: Once you are tried for a crime, you may not be tried again Double Jeopardy: Once you are tried for a crime, you may not be tried again Speedy and Public Trial: Cannot be held too long without being heard, in public to protect against secret deals Speedy and Public Trial: Cannot be held too long without being heard, in public to protect against secret deals Trial by Jury: Unstained peers decide your case Trial by Jury: Unstained peers decide your case

20. Adequate Defense: Right to an attorney. Gideon v. Wainwright 1963 Adequate Defense: Right to an attorney. Gideon v. Wainwright 1963 Self-Incrimination: 5 th Amendment and the right to remain silent. Burden of proof is on the prosecution Self-Incrimination: 5 th Amendment and the right to remain silent. Burden of proof is on the prosecution –Miranda v. Arizona 1966. Accused and detained need to be informed of their rights

21. Civil Liberties Chapter 20 Section 4 Punishment

22. Bail and Preventative Detention Bail is a sum of money posted to keep person out of jail. Two reasons for bail are that: should not be jailed until you are guilty and you may better prepare a defense out of prison Bail is a sum of money posted to keep person out of jail. Two reasons for bail are that: should not be jailed until you are guilty and you may better prepare a defense out of prison You may be detained without bail if the court thinks you will commit another crime before your trial You may be detained without bail if the court thinks you will commit another crime before your trial

23. Cruel and Unusual Punishment 8 th Amendment protect against cruel and unusual punishment 8 th Amendment protect against cruel and unusual punishment –Torture Three strikes law has not been deemed unusual Three strikes law has not been deemed unusual

24. Capital Punishment & Treason Punishment by death has not been ruled cruel and unusual Punishment by death has not been ruled cruel and unusual Furman v. Georgia the court noticed that most of people put to death were disproportionately black Furman v. Georgia the court noticed that most of people put to death were disproportionately black States then made laws making the death penalty mandatory for certain crimes States then made laws making the death penalty mandatory for certain crimes Treason— is the only crime to be defined by the Constitution. NO one has been convicted of treason against the USA, but John Brown was convicted of treason against the state of VA Treason— is the only crime to be defined by the Constitution. NO one has been convicted of treason against the USA, but John Brown was convicted of treason against the state of VA