1. Civil Liberties: Protecting Individual rights

2. Due Process
Due Process = Government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, capriciously, or unreasonably. Two amendments in the Constitution contain the Due Process clause: 5th Amendment declares Federal government cannot deprive anyone of “Life, Liberty, and the Pursuit of Happiness.” 14th Amendment places same restrictions on the States.

3. Right to Privacy
The Constitutional guarantees of due process also creates a right of privacy. The most controversial case concerning the right to privacy is Roe v. Wade. 1973: Supreme Court struck down a Texas law that abortion is a crime. Court ruled that 14th amendment gives a woman the right to an abortion without State interference during the first trimester of a pregnancy.

4. reasonable Cause
4th Amendment – Police must have reasonable cause to search a person or their premises and only then with the aid of a search warrant.
Probable Cause – Police can search anything in a vehicle, after they have lawfully stopped the vehicle, that they believe holds evidence of a crime.
Exclusionary Rule – Evidence gained as a result of an illegal act cannot be used during the trial of the person from whom it was seized.
Mapp v. Ohio – In 1961 the States were extended the exclusionary rule.

5. Rights of the Accused
The law intends that any person suspected of a crime must be presumed innocent until proven guilty.
“Writ of Habeas Corpus” – A court order directing an officer holding a prisoner to bring that prisoner before the court and that the officer must show cause why the prisoner should not be released.

6. Grand Jury
5th Amendment – No person shall be held to answer for a capital offense, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.
Indictment – A formal complaint made to a Grand Jury which charges the accused of a crime.
Grand Jury – A formal device by which a person can be accused of a serious crime.

7. Grand Jury Cont.
The Grand Jury consists of between 16 and 23 people. 12 votes are needed to return an indictment. The Grand Jury is not a trial and its hearings are done in secret. Only the Prosecution comes before the Grand Jury.

8. Other provisions of the 5th Amendment
Double Jeopardy – A person that has been tried for a crime and found innocent cannot be tried twice for that same crime. Self-Incrimination – “Plead the 5th” No person shall be compelled in any criminal case to be a witness against themselves.

9. 6th Amendment
In all criminal prosecutions those accused have the right to a speedy and public trial.
Every person accused of a crime has the right to the best possible defense that circumstances allow.
Gideon v. Wainwright – 1963 the court held that an attorney must be furnished to a defendant who cannot afford one.
Result was that local governments began to establish Public Defender offices.

10. Miranda v. Arizona
Ernesto Miranda was arrested for kidnapping and rape and after 2 hours of intense questioning, Miranda confessed. Police did not inform Miranda of his rights before questioning. Miranda was found guilty of all charges and sentenced to 30 years in prison. Supreme Court overturned the conviction – Miranda was set free.

11. Miranda Rule
1. You have the right to remain silent. 2. Anything you say may be used against you in court. 3. You have the right to an attorney. 4. If you cannot afford one, one will be provided for you. 5. You can stop police questioning at any time.

12. 8th Amendment
Once someone has been found guilty of a crime the 8th amendment gives them certain rights. 8th Amendment – Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted.