1. Civil Liberties: Protecting Individual Rights Chapter 20 American Government Ms. Powers

2. Civil Liberties: Protecting Individual Rights Section I: Due Process of Law

3. DNA Evidence DNA evidence has reversed more than 330 wrongful convictions since 1989 How many innocent persons remain in prison today?  Importance of Due Process (fair treatment) The Innocence Project

4. What is Due Process? Due Process: Means that it whatever it does, the government MUST act fairly and and in accord with established rules AKA “fair & equal treatment under the law”

5. Where is Due Process in the Constitution? 5 th Amendment: Federal Government cannot deprive any person of “life, liberty, or property, without due process of the law” 14 th Amendment: Places the same restrictions on all the states & their local governments However… it is impossible to define the two in exact terms, thus Due Process is defined on a...  Case By Case Basis

6. Types of Due Process Fair procedures of the Government are worth nothing if they are used to administer unfair laws… So... SCOTUS ruled that Due process requires that both the way the governmet acts and the laws under which it acts must be fair Two Types: 1.Procedural Due Process 2.Substantive Due Process

7. Procedural Due Process Procedural Due Process: Has to do with the HOW of governmental action (the procedures & methods) Example: Rochin v. California (1952) LA Country sheriffs forced their way into Rochin’s home Police saw two pills on the nightstand He swallowed pills to attempt to conceal them Police forced him to get his stomach pumped & used the pills as evidence SCOTUS ruled the police action unconstitutional (violation of 14 th Amendment of procedural due process)

8. Substantive Due Process Substantive Due Process: Involves the WHAT of governmental action (the substance or policies) Example: Pierce v. Society of Sisters (1925) Oregon created a mandatory school-attendance law that required all persons 8-16 years of age to attend PUBLIC school The law was purposely written to destroy private (parochial) schools SCOTUS ruled that law was unconstitutional (Violated the 14 th amendment of Substantive Due Process)

9. 14 th Amendment & the Bill of Rights Remember: The Bill of Rights apply against the National Government only 14 th Amendment’s Due Process Clause also includes in its meaning MOST (6) of the protections set out in the B.O.R Since 1925 SCOTUS has extended the BOR through the 14 th Amendments Due Process Clause

10. 14 th Amendment & The BOR

11. The Police Power Police Power: Is the authority of each State to act to protect & promote the public health, safety, morals, & general welfare. Safeguard the well-being of its people FBI-US Crime Statistics

12. Police Power & Civil Liberties The use of police power often produces conflicts with civil liberty protections Courts must decide between the needs of society and/or the freedom of individuals Example: Drunk Driving Cases Most tests are simple (walk the line, field sobriety test) Question: Is a more sophisticated test like the breathalyzer or drawing blood a violation of your rights not to have to testify against yourself? Court sides with police power saying that society has the right to protect itself against drunk drivers (Schmerber v. California 1966)….TO PROTECT THE PUBLIC Example: Laws requiring the vaccination of school children exist to GUARD THE PUBLIC HEALTH US Drunk Driving Stats

13. The Right of Privacy Due process gives us the Right to Privacy: “The right to be free, except in very limited circumstance, from unwanted governmental intrusions into one’s privacy” Prime Example: Roe v. Wade (1973) To what extent can a State limit a woman’s right to an abortion?... What do you think??? SCOTUS struck down law that made abortion a crime in Texas (except to save a woman’s life) SCOTUS upheld a woman’s Right to Privacy

14. Civil Liberties: Protecting Individual Rights Section II: Freedom & Security of the Person

15. Slavery & Involuntary Servitude For over 200 years, slavery was legal in the United States Until 1865 States could decide for themselves whether or not to allow slavery …. Until the 13 Amendment Pictured: Magnolia Plantation. Charleston, SC

16. The 13 th Amendment: Slavery Today Despite the fact that slavery was outlawed more than 140 years ago… there are still occasional cases of it... In the form of... Involuntary Servitude = Forced labor Slavery Today * The 13th Amendment, unlike any other provision in the Constitution, applies both to the conduct of private individuals & the behavior of Government*

17. Security of Home & Person “A Man’s home is his castle” 3 rd Amendment: Forbids quartering of soldiers in private homes in times of peace 4 th Amendment: Prevents the use of writs of assistance = blanket search warrants…. There must be PROBABLE CAUSE & a SEARCH WARRANT

18. What is Probable Cause? Generally, police do not have the right to search for evidence without probable cause & a search warrant… Probable Cause = Reasonable suspicion of crime Search Warrant = Court order However… when evidence is in PLAIN VIEW, police do NOT need a warrant Minnesota v. Carter: Police saw cocaine being bagged through the window and thus, they searched...(drugs)

19. The Exception of Automobiles Do Search Warrants apply to automobiles? What do you think? Yes or No? Answer: NO Whenever police lawfully stop a car, they DO NOT need a search warrant to search the vehicle (California v. Acevedo 1991)

20. The Exclusionary Rule What does it mean to exclude something? Exclusionary Rule: Evidence gained as the result of an illegal act by police can NOT be used at the trial of the person from whom it was seized Mapp v. Ohio (1961): Extended the Exclusionary Rule to the States Mapp v. Ohio Does the exclusionary rule mean that some criminals go free??? Not necessarily…Exceptions to the exclusionary rule    

22. The USA Patriot Act Did you know that it is an acronym???? Can you guess what it stands for???? USA Patriot Act = Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept & Obstruct Terrorism Act of 2001 The Patriot Act What is the purpose of the Patriot Act? To combat terrorism (domestic & international)

23. Wiretapping Wiretapping = Bugging or electronic eavesdropping  The founding fathers never could have predicted this… WHY??? Collecting evidence through wiretapping is legal when a warrant has been issued by a judge

24. Civil Liberties: Protecting Individual Rights Section III: Rights of the Accused

25. The law intends that ANY person who is suspected or accused of a crime must be presumed innocent until proven guilty by fair and lawful means… Those persons accused of a crime still have RIGHTS

26. The Rights of The Accused 1. Can you be put in jail for an extended period of time without cause? Answer: NO A Writ of Habeas Corpus has to be brought to court and a law enforcement official (officer) has to show proof why the person should stay in jail The writ itself is the court order to the official (officer 2. Can you be sentenced to jail without a trial? Answer: NO Bills of Attainder: Were Legislative acts that permitted the punishment (jail) of a person without trial (Used in England from 1300-1800) Bills of Attainder are expressly BANNED in the Constitution

27. Rights of the Accused 3. Can you be punished for breaking a particular law BEFORE it was actually a law. (Ex: Could you be punished for wearing pink earmuffs before the government made pink earmuffs illegal?) Answer: NO Ex Post Facto Law: Is a law applied to an act committed before that law was passed. (Ex Post Facto means “after the fact” in Latin) BANNED by the Constitution

28. Rights of the Accused Some more rights of the accused are…Right to... A Grand Jury No Double Jeopardy Speedy & Public Trial Trial by Jury Adequate Defense (6th Amendment) No self-incrimination “Plead the 5th” (5th Amendment) KNOWING your rights (Miranda Rule)

29. 6 th Amendment The defendant has the right… 1.To be INFORMED of the nature & cause of the accusation 2.To be confronted & QUESTION witnesses in court 3.To have favorable witnesses 4.Have the Assistance of Counsel for their defense… Gideon v. Wainwright (1963): IF you cannot afford a lawyer (counsel) the Government will PROVIDE one for you!!!

30. Miranda Rule Miranda Rule: Says that police MUST read a suspect his or her rights BEFORE any questioning occurs Miranda V. Arizona (1966) A mentally challenged man, Ernesto Miranda was arrested & convicted of kidnapping & rape After 2 hours of questioning (without EVER hearing his rights) he confessed You do NOT have to incriminate yourself (plead the 5 th ) But he WAS NOT ever told that SCOTUS created the Miranda Rule