1. Civil Liberties: Protecting Individual Rights

2. Due Process Contained in 5th and 14th amendment
Cannot deprive anyone life, liberty, or property without due process of law
Whatever the government does, it must act fairly and in accord with established rules
Procedural due process- deals with how, procedure and method
Substantive due process- involves the what, substance, the policies

3. Due Process
Rochin v. California 1952, stated that cops couldn't break into apartment, force him to open mouth, and pump stomach. Violation of due process
Pierce v. Society of Sisters 1925, court ruled law was not enforced unfairly but only violated right of choice by parents

4. Police Power
Authority of state to act to protect and promote the public health, safety, morals, and general welfare
Use of police power clashes with civil liberties often
Search warrant- court order authorizing a search for evidence

5. Police Power Protecting the public 1. promote health 2. promote safety
Limit sale of tobacco and alcohol
Require vaccination for school children
2. promote safety
Regulate concealed carry
Require seat belts
3. promote morals
Regulate gambling, prostitution and porn
4. promote general welfare
Compulsory education
Help medically needy

6. Right to Privacy
Stanley v Georgia 1969 “right to be let alone” porn in personal house
Griswold v. Connecticut 1965, right of women to birth control
Lawrence v Texas 2003, right to have sex in own home between consenting adults
Roe v wade 1973, women's right to their own body

7. Slavery and Involuntary Servitude
13th Amendment
Forbade forced servitude except as punishment for a crime

8. Security of Home and Person
3rd Amendment prevent quartering
4th Amendment prevents warrantless searches
Probable cause- reasonable suspicion of crime, used to obtain warrant
Don’t need warrant if evidence in plain view
Arrest- seizure of a person
Can arrest without a warrant in a public place if crime has been viewed

9. Habeas Corpus Intended to prevent unjust arrest and imprisonment
Bill of attainder- legislative act that provides for the punishment of a person without a court trial
Illegal, Article I section 9
All such laws have been struck down by the court

10. Ex Post Facto Laws
Article 1 section 9 and 10 prohibit congress and state legislatures from enacting ex post facto laws
Ex post facto law- a law applied to an act committed before the act
1. criminal law (defining a crime or its punishment)
2. applies to an act committed before passage
3. works to disadvantage of accused
Retroactive civil laws are not forbidden

11. Grand Jury
Grand jury- a formal device by which a person can be accused of a serious crime (16 to 23 people)
Indictment- formal complaint that the prosecutor lays before the grand jury, charges accused with one or more crime
Presentment- formal accusation brought by the grand jury on its own motion, rather than from a prosecutor
Grand jury used to protect against overzealous prosecutor

12. Double Jeopardy 5th amendment protects against it
Double jeopardy- once a person has been tried for a crime, they cannot be tried for that same crime again
Can be charged and tried by both state and federal government for same crime
Hung jury- trial in which a jury cannot agree on a verdict, no jeopardy
Also does not count if appealed to higher court

13. Speedy and Public Trial
6th amendment
4 criteria for constitutional delay
1. length of the delay
2. reason for it
3. whether the delay has in fact harmed the defendant
4. whether the defendant has asked for a prompt trial
Speedy trial act of 1974 says trial must be within 100 days of the arrest
The 6th also guarantees a public trial

14. Trial by Jury 6th amendment tried “by an impartial jury”
Jury must be drawn from district where crime was committed
Defendant can ask for “change of venue” if local individuals are prejudiced and an impartial jury cant be drawn
Can wave right to jury, then a judge decides
Juries typically have 12 members
In criminal federal cases a unanimous vote needy to convict

15. Adequate Defense
attorney must be given to defendant who can not afford one
6th amendment
Defendant has right to be informed
Right to be confronted by witness against him
To have assistance of council on their defense

16. Self-Incrimination 5th amendment
Covers all legal proceedings not just criminal
Person cannot be forced to confess to a crime under duress (torture, psychological, or physical pressure)
Miranda rule- police must read a suspect their rights before any questioning occurs

17. Bail and Preventative Detention
Bail- a sum of money that the accused post as a guarantee they will appear in court
Preventative detention- held without bail so they don’t commit another crime before the trial

18. Cruel and unusual punishment
8th amendment
15yrs hard labor ruled cruel and unusual
Also making drug addiction a crime was as well

19. Capital punishment Capital punishment- death penalty
Court struck down multiple law due to giving to much discretion to judge and juries in deciding the punishment
Only part upheld is two-stage approach
-first the person is tried for the crime, wither they were innocent or guilty
Second another trial to determine if the death penalty is suitable
Cannot be imposed of mentally challenged
Cannot be imposed on those who were under 18 when they committed the crime

20. Treason Article III section 3 1. levying war against the united states
2. adhering to their enemies, giving them aid or comfort
Also two witnesses needed