1. Civil Liberties

2. DUE PROCESS The 5th Amendment says the Federal government may deprive no person of life, liberty, or property without the due process of law! The 14th Amendment extends the same due process protection to individuals from state governments!

3. Procedural and Substantive DUE PROCESS The Government must act fairly and in accord with established rules! Laws must also be fair!

4. PROCEDURAL DUE PROCESS Rochin v. California 1952 3 LA deputies force their way into Rochin’s apartment Rochin pops two capsules into his mouth The deputies struggle to prevent Rochin from swallowing Rochin swallows the capsules and is forciblely taken to the hospital and has his stomach pumped The capsules are found to be morphine-a controlled substance! Were Rochin’s rights violated?

5. ROCHIN V CALIFORNIA YES!!!!!

6. SUBSTANTIVE DUE PROCESS Pierce v. Society of Sisters 1925 Oregon in 1922 required all children age 8 to 16 who had not completed eighth grade to attend public school a group of Nuns sued the requirement that students attend public school. The Court found? Requirements of public school only makes the law unconstitutional!

7. The Bill of Rights The Bill of Rights protections apply to Federal Law only! The Bill of Rights, however is extended to cover states under the due process clause of the 14th Amendment!

8. POLICE POWER A problem of balance To balance the needs of society for law, order, and protection with the rights of individuals to due process! Do you respect the Police?

9. Schmerber v. California 1966 Schmerber was forced to take a blood test to determine if he was DWI The blood test was given by a doctor on police orders but without a search warrant Legal or Illegal?

10. ? Legal – the officer had reasonable suspicion, a doctor performed the test, and had time been taken to obtain a search warrant the alcohol would have left Schmerber’s system!

11. Limits on Individual Rights Can states limit the sale of alcoholic beverages and tobacco, make laws to combat pollution, and require vaccination of school children? Yes! Can states forbid concealed weapons, require the use of seat belts, and punish drunk drivers? Yes!

12. Limits on Individual Rights Can states outlaw gambling, the sale of obscene materials, and the practice of prostitution? Yes Can states enact compulsory education laws, provide medical help to the needy, and limit profits to public utilities? Yes

13. Limits on Individual Rights May Police use unnecessary force? No May the state operate a private school? No May the village president ban a demonstration because he disagrees with the protesters? No

14. The Right to Privacy Griswold v. Connecticut 1965 Can a state outlaw birth-control counseling and the sale of birth-control devices? NO!

15. Privacy Stanley v. Georgia 1969 and Griswold v. Connecticut 1965 Due process creates a right to privacy! “The right to be free, from unwanted governmental intrusions into one’s privacy.”

16. Roe V Wade 1973 Can a State limit a women’s right to an abortion? In the Roe case the Court held the 14th Amendments “due process” and “right to privacy” applied to abortion rights!

17. Roe V Wade During the first trimester (first 3 months) of pregnancy a State must recognize a woman’s right to choose an abortion and cannot interfere with medical judgements in that matter

18. Roe V Wade During the second trimester a State, acting in the interest of women who undergo abortions, can make reasonable regulations about how, when, and where abortions can be performed, but cannot prohibit the procedure.

19. Roe V Wade During the final trimester a State, acting to protect the unborn child, can choose to prohibit all abortions except those necessary to preserve the life or health of the mother.

20. Beyond Roe… State prohibitions on abortion: Missouri will not allow abortions in a public hospital or clinic unless the health of the mother is seriously effected, and after the 20th week if a fetus is viable and capable of life outside the mother’s body no abortion is allowed

21. Beyond Roe… A State may require a minor who is getting an abortion to: Inform at least one parent before she can obtain an abortion Tell both parents of her plans, unless a judge has given permission for an abortion without parental knowledge

22. Beyond Roe… States may place reasonable limits on a woman’s right to choose but those restrictions cannot impose an “undue burden” on her choice of that procedure.

23. ROE V WADE A State may require: Professional counseling aimed at having a women change her mind before an abortion A 24 hour waiting period after counseling before an abortion Parental consent or permission of a judge if the women seeking an abortion is under 18 Doctors and clinics must keep detailed records of all abortions they perform. A state may not require a women to tell her husband of her plans to have an abortion

24. Freedom and Security of the Person Slavery and Involuntary Servitude The Right to Keep and Bear Arms Security of the Home and Person The 4th Amendment, Automobiles, The Exclusionary Rule, and Wiretapping

25. Slavery and Involuntary Servitude 13th Amendment outlaws slavery or involuntary servitude Forced Labor or working to satisfy a debt or contract is also illegal Being Drafted for military service is not involuntary servitude! Convicts convicted of crimes may be forced to work!!

26. 13 th Amendment All persons shall have the same right in every State and Territory to make and enforce contracts as enjoyed by white citizens. Prohibits race discrimination in a contract of employment and on-the-job discrimination—Civil Rights Act of 1964 is an extension of the 13th Amendment!

27. 2 nd Amendment- Right to Bear Arms… The 2nd Amendment forgotten points The right of a State to keep a well regulate militia No guarantee to keep and bear arms free from government restriction! All states and the Federal Government have some regulations on buying, shipping, and owning guns!

28. Security of Home and Person The 3rd Amendment forbids quartering of soldiers in private homes in peacetime! Soldiers may be quartered in time of war! No soldiers have ever been quartered in the US since Independence!

29. 4 th Amendment- Search and Seizure The police have no general right to search for evidence or to seize either evidence or persons unless they have a proper warrant obtained with “probable cause”! People are allowed “a reasonable expectation of privacy” almost anywhere!

30. NO WARRANT NEEDED WHEN: Evidence is in plain view! Emergency situations! Lawful arrests require no warrant If there is potential destruction of evidence, no warrant is needed

31. Illegal Search and Seizure When: Only when the officer, by means of physical force or show of authority has in some way restrained the liberty of a citizen! Can vehicles be searched: Cars, boats, planes????

32. Moving Evidence… A movable crime scene can be searched without a warrant but an officer must have? “Probable Cause”! Roadside check points that randomly check for intoxication are? Legal!

33. …and the trunk? What about the glove compartment, the trunk, a paper bag, a piece of luggage or other closed container? If the car is lawfully stopped any search is legal under? “Probable Cause”

34. Tainted LOVE of Evidence… Evidence illegally obtained by police cannot be used against the person from whom it was seized! The Exclusionary Rule! Weeks v. US 1914 Exclusionary rule applies in Federal Cases! Mapp v. Ohio 1961 Exclusionary rule applies in Federal Cases!

35. Tainted Evidence Nix v. Williams 1984 Tainted evidence may be used against a person if it was inevitable that the evidence would have been eventually found by lawful means. Evidence found by mistake? May be used even if not named in the original search warrant! Officers entered the wrong apartment on a drug bust and found drugs in the wrong apartment—the residents were?BUSTED!

36. Mandatory Drug Testing May employers require a drug test after an accident at work? May random drug tests be required in some jobs? May a drug test be required as a part of an application process for a job? YES!

37. Wiretapping Tapping a phone,a cell phones, or a person’s computer is legal only if? A proper search warrant is obtained by the police or probable cause is shown! Can the FBI, CIA, NSA or other Federal Agencies tape the phones of enemy agents in the USA? Yes but only with a warrant and probable cause!

38. GUILTY Rights of the Accused??? In the US you are presumed _____________ until proven ____________! At THS you are presumed _____________ until proven _____________ !

39. “You should have the body” A court order that requires the police show cause/explain why a prisoner should not be released. You cannot be held without being charged with a crime, because of??? Habeas Corpus

40. Habeas Corpus The right of Habeas Corpus found in Article I Section 9 may not be suspended except? In cases of rebellion or invasion! Lincoln suspended it during the Civil War, but no President and at no time since have the Court allowed its suspension. Attempts to suspend it during World War II in Hawaii were ruled-- Unconstitutional!!

41. Bill of Attainer Congress, State Legislatures, and local municipalities are not allowed to pass laws that punish people or take away their rights. The loss of rights or property can only occur in a ? Trial! A law that fines all Freshmen, people with IQ’s less than 40, $500 for being ignorant is a Bill of Attainder and would be illegal!

42. EX POST FACTO Laws Making an act a crime and charging someone for its violation who committed the act before it was illegal. Changing the penalty for an act to a harsher punishment and carrying out the harsher sentence. 7 Tardies now equals Death! You had 7 tardies last semester, where do we ship the body? Ex Post Facto Laws are Unconstitutional!

43. Grand Jury and the 5 th Amendment Grand juries are used to accuse a person of a crime. 16 – 23 people serve on a grand jury If 12 or more members agree that enough evidence exists, a person is held for prosecution. If fewer than 12 members agree, the accused is let go.

44. Grand Jury Procedure Grand jury hearings are not a trial! The prosecution presents its evidence to the grand jury and asks, “Is there enough evidence for a trial to take place?”

45. Double Jeopardy Once tried for a crime a person can not be tried for the same crime again! A crime may violate state and federal laws and a person can then be tried in both state and federal court without violation of their protection from double jeopardy! Double jeopardy does not prevent a person convicted of a crime from appealing a conviction!

46. TRIAL RIGHTS Speedy Trial No more than 100 days from arrest to trial Public Trial Limits may be set on spectators, people may be removed, courtrooms may be cleared TV may be allowed or barred, a defendant’s rights come first! Trial by an impartial Jury A defendant may waive this right and accept a bench trial

47. Juries Grand juries up to 23 members Decision by majority vote! Issue indictments Petit juries 12 or 6 members Decision by unanimous vote! Decide guilt or innocence No person may be denied serving on a jury because of race, color, religion, national origin, or sex!

48. 6 th Amendment-ADEQUATE DEFENSE To be informed of the crime to which you have been charged To confront witnesses against you To compel witnesses to testify for you To have an attorney assistance Both State and Federal Courts must honor these rights!

49. Escobedo V Illinois Danny Escobedo while being taken to the police station for questioning and while being questioned repeatedly asked to see his lawyer and was denied the request! Under intense questioning in a murder case that went on for hours, Escobedo made damaging statements that were used to convict in his trial!! The Supreme Court took this case on appeal and ruled? Danny Escobedo’s rights had been violated and he was ordered released from jail!!

50. Gideon V Wainwright Gideon accused of robbery in Florida was too poor to hire a lawyer and was forced to defend himself. Gideon was convicted but appealed his State conviction to the Supreme Court which ruled? If you can not afford an attorney, one will be provided for you!

51. Self Incrimination You may not be compelled to testify against yourself A refusal to answer on the grounds of self-incrimination works in courtrooms but not assistant principal’s offices! You can be compelled to testify (RAT ON) against a friend! You can be compelled to testify (RAT ON) against a friend!

52. Limits on Self Incrimination You can be finger printed, photographed, tested for drugs or alcohol. You can be put in a lineup. You can be questioned but a forced confession or one gained by threat is illegal! You can be finger printed, photographed, tested for drugs or alcohol. You can be put in a lineup. You can be questioned but a forced confession or one gained by threat is illegal!

53. Miranda Rights Before a suspect may be questioned that suspect must be read their rights Miranda applies only to felonies not minor offenses, misdemeanors!

54. Dragnet You have the right to remain silent. If you choose to speak, anything you say may be used against you in a court of law or other proceeding. You have the right to consult with a lawyer before answering any questions and you may have a lawyer present during questioning. If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the state without cost to you. Do you understand what I have told you? You may also waive the right to counsel and your right to remain silent and you may answer any question or make any statement you wish. If you decide to answer questions you may stop at any time to consult with a lawyer.

55. No Excessive Bail A sum of money the accused is required to post as a guarantee that they will show up for trial. Justification for Bail The accused should not be jailed until convicted Defendants are better able to prepare their defense out of jail Bail may be denied To owners of white broncos

56. Preventative Detention An accused may be jailed without bail if it appears that they may commit more crimes before their initial trial begins. Is preventive detention undercutting the presumption of “Innocent Until Proven Guilty”? 6 of the 9 Supreme Court Justices don’t think so!

57. What kinds of punishment is banned? Burning at the stake Crucifixion Drawing and Quartering (Look it up, it’s gross!—A British navy punishment) Whippings Slavery Illegal in a criminal case but legal in schools!!!!!

58. Capital Punishment If at first you don’t succeed, try again! If at first you don’t succeed, try try again! Louisiana v. Resweber 1947 Louisiana was allowed a second attempt at executing Resweber after the chair failed on their first try! The chair worked just fine on their second attempt!! It’s not cruel and unusual to try until you succeed! Florida’s “Old Sparky” 39 Criminals 0

59. 3 strikes…you’re IN! Three felony convictions = Life Imprisonment! Rummel v. Estelle 1980 Was it legal to sentence Rummel to life in prison for three petty thefts of property worth $230 in total? YES!

60. Capital Punishment The death penalty may be cruel but it is not unusual! 38 states allow capital punishment To be legal a capital case must have two phases: Trial and Conviction Sentencing

61. Capital Punishment If a criminal is insane, they can not be executed! The court may order the insane criminal treated and cured then can order an execution!! Ford v. Wainwright 1986

62. Capital Punishment If a criminal is 15 years old at the time they commit a murder, they can not be executed! The court did order the execution of 16 and 17 year olds who had committed murder!! Thompson v. Oklahoma, Wilkins v. Missouri, and Stanford v. Kentucky

63. PUNISHMENT Can the jury in a capital case hear from the victim’s family? Do the feelings of the victims family matter? May the victim’s family’s wishes be considered in sentencing a criminal? YES!

64. TREASON The only crime defined in the Constitution is treason! Making war against the US and giving aid and comfort to the enemy! Needed two witness or a signed confess All US citizens and resident aliens at home or abroad are subject to crimes against treason! Treason is punishable by death! No one has ever been executed for treason against the USA!

65. Treason Against a State Many State Constitutions have laws against treason! Treason is punishable by death! John Brown was executed for treason against the State of Virginia in 1859! John Brown’s execution is the only known execution for treason in US history!