1. BELL WORK 1.What does “freedom of expression” guarantee you as an individual? 2.What rights do you have if you are arrested?

2. CIVIL RIGHTS JUDICIAL BRANCH IN ACTION

3. Government must act according to established rules and fairly DUE PROCESS

4. Procedural HOW government acts Substantive The policies the government follows must be fair Due process 5 th amendment FEDERAL GOVERNMENT cannot deprive anyone of life, liberty or property w/o due process 14 th amendment State & local governments cannot deprive anyone of life, liberty or property w/o due process

5. RIGHTS OF THE ACCUSED WRIT OF HABEAS CORPUS Prisoners must be presented in court and holding officer must give valid reason NOT to release the prisoner SPEEDY TRIAL Government must hold trial without “undue delay” 1.Length of the delay 2.Reason for delay 3.If the delay has harmed the defendant 4.If the defendant asked for prompt trial

6. RIGHTS OF THE ACCUSED PUBLIC TRIAL Trial must be public Judges CAN limit the number of kinds of people allowed in the trial TRIAL BY JURY Tried by an impartial jury You can give up this right

7. RIGHTS OF THE ACCUSED RIGHT TO AN ADEQUATE DEFENSE 1.Be informed of the crimes they are accused of 2.Confront the people who are witness against them 3.Force favorable witnesses to attend the trial 4.Have a defense attorney SELF-INCRIMINATION Cannot be a witness against yourself Burden of proof is on the prosecution “innocent until proven guilty”

8. SCOTUS determined that people need to be informed of their rights before they are questioned MIRANDA V. ARIZONA

10. PROTECTIONS FROM THE GOVERNMENT EX POST FACTO LAWS “Law passed after the fact” 1.Criminal law 2.Applies to actions committed before the law passed 3.Disadvantages the accused Legislative act that punishes the accused without a trial Unconstitutional for the states or Congress to pass this type of law BILLS OF ATTAINDER

11. PROTECTIONS FROM THE GOVERNMENT DOUBLE JEOPARDY Cannot be tried for the same crime twice

12. Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II 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. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV 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. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

13. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

14. The right to due process creates a right to privacy according to SCOTUS Not explicitly in the Constitution and is still being defined RIGHT OF PRIVACY: GRISWOLD V. CONNECTICUT

15. SCOTUS says that TX law that makes abortion a crime unconstitutional Violates the right to privacy established in the 14 th amendment ROE V. WADE 1973 1.Abortion cannot be banned if mother is in 1 st trimester 2.State can regulate abortion in 2 nd trimester but cannot ban 3.State can prohibit all 3 rd trimester abortions except those to preserve life of health of mother

16. PRIVACY & THE INTERNET: STAR WARS KIDSTAR WARS KID Consider the following question as you watch this video clip: According to Mr. Solove how does free speech conflict with privacy on the internet? Do you think there is a way to resolve this "clash"? Explain your answer.

17. QUESTION FOR YOU Compare the right to privacy and the right to free speech. Which do you think is more important?

18. PROTECTING YOUR HOME & PERSON 3 rd amendment: Don’t have to quarter soldiers in your home 4 th amendment: Protection against unreasonable search and seizure Police have to have probable cause Wiretapping: SCOTUS says individuals have the right to make private calls without government listening in.

19. “ 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” – Second Amendment RIGHT TO BEAR ARMS

20. QUICK FOUR CORNERS Respond to the following statement: The 2 nd amendment protects an individual’s right to own firearms.

21. SECOND AMENDMENT & SCOTUS UNITED STATES V. MILLER (1939) SCOTUS decided that it was constitutional to have individuals register and pay taxes on firearms Said that an individual’s right to own a firearm did not have anything to do with a well regulated militia DISTRICT OF COLUMBIA V. HELLER (2008) SCOTUS decided that the 2 nd amendment protects the individual right to possess firearms Individuals can use those arms for lawful purposes such as self defense

22. TICKET OUT How is your home, property and person protected by the Bill of Rights?