1. Protecting Individual Rights
Chapter 20
Civil Liberties:
Protecting Individual Rights

2. “Must a government, if necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?”
- Abraham Lincoln

3. Types of mistakes a system of justice can make:
the rights of a few people can be abused when trying to catch and punish criminals
a few guilty people may avoid punishment when trying to protect the rights of the innocent
four of the ten amendments making up the Bill of Rights limits the use of governmental power in dealing with persons accused of crimes
the American system of justice seeks to reduce the chance that innocent people are punished (law-abiding citizens can only be protected when “the not very nice people” are also protected
the rights of the accused are an attempt to retain the traditions of English common law and to avoid the questionable justice experienced by Americans under British colonial rule

4. Due Process
the basic fairness towards the accused must be followed at every step of the legal system
it is the process by which “innocent until proven guilty” is protected

5. Warrant a court permit authorizing police action to: make an arrest
search and seize evidence wherever a suspect has a reasonable expectation of privacy
the 4th Amendment guarantees “the right of the people to be secure against unreasonable searches and seizures:

6. There are at least four circumstances/exceptions when a search warrant is unnecessary.

7. Circumstance #1
when a crime is committed in the presence of an officer

8. Circumstance #2
if the police have good reason to believe that a major crime was committed and it can be shown that time and circumstances did not permit securing a warrant
aka as probable cause

9. Circumstance #3
if the police have made a lawful arrest and the search of a person is necessary to prevent the destruction of evidence

10. Circumstance #4
when the suspect has no expectation of privacy

11. Exclusionary Rule
evidence obtained in an illegal search is inadmissable in a criminal trial
is intended to balance the need for protection against crime with the rights of the accused

12. Watch out, Parkin!
Hit button

13. Miranda warnings
the reading of one’s constitutional rights; includes the right to:
remain silent
an attorney
American criminal court cases have two sides
1. The prosecution representing the government.
2. The defense representing the accused.
this system is called the adversary system
-both sides have an equal opportunity to present their case
Amendment Six guarantees the accused the right “to have the assistance of counsel for his defense”
-a counsel must be provided for indigent defendants in the case of death penalties (Powell v. Alabama, 1932)
-right to counsel extended to defendants in all federal criminal cases by Johnson v Zerbat (1938)
-right to an assigned counsel for all serious state criminal trials extended by Gideon v. Wainwright (1963)
“Any person hailed into court, who is too poor to hire a lawyer, cannot assume a fair trial unless counsel is provided for him Lawyers in criminal courts are necessities, not luxuries.”
[The Gideon decision applied only to major crimes. The court extended defendants’ rights in Argersinger v. Hamlin (1972) to any case involving imprisonment for lesser offenses.]

14. Grand Jury a body of citizens, usually numbering 16 to 23 people
examine evidence against a person accused of a serious crime to see if enough information exists to hold a criminal trial
does not determine guilt or innocence
no one can be tried in a federal court for a “capital, or otherwise, infamous crime” without having been formally accused by a grand jury (Fifth Amendment)
a grand jury is required in federal criminal trials
-testimony is often heard in secret session so as not to potentially compromise sensitive information
-should not be confused with a jury trial

15. Indictment a formal charge of a crime against an accused person
handed-down by a grand jury if there is sufficient evidence meriting a formal trial

16. Bail
the amount of money or property a defendant gives to the court as a guarantee that he or she will show up for the trial
amount determined by:
-seriousness of crime
-ability to post bond
-past criminal record
judges may eliminate bail and release a defendant on their own recognizance
the right to a reasonable bail is guaranteed in federal cases in the Eighth Amendment
-does not always apply to the states
-is denied in some states to former convicts being held on new charges

17. Guidelines for deciding how fast “speedy” is:
1. Length of time between indictment and trial.
2. The reason for delay.
3. Whether or not the defense requested a speedy trial.
4. The effect of the delay on the defense’s case.
congress passed a law in 1974 freeing defendants in federal criminal cases if they were not ried within one hundred days of arrest

18. Trial by jury guaranteed by the Sixth Amendment
jury should consist of twelve people
presided over by a judge
verdict must be unanimous

19. Verdict the decision of a jury in a trial can result in a: -conviction
-acquittal

20. Subpoena
the power of the court to force a witness to appear and testify at a trial

21. Self-incrimination when a defendant witnesses against themselves
forbidden by Amendment 5

22. Immunity
laws which force a witness to answer all questions by promising the witness they will be free from prosecution
witnesses who refuse to answer questions after being granted immunity can be punished for contempt of court

23. Double Jeopardy
after an acquittal or a conviction, a person may not be tried again for the same crime
exceptions:
1. An accused person can be re-tried if a trial results in a hung jury (a jury that is unable to reach a unanimous verdict).
2. An accused person can be retried in the case of a mistrial (a trial in which there was an error in the proceedings).
3. If an offense was a crime under s state law as well as under federal law, the defendant could technically be tried twice

24. Principles of Constitutional Punishment
Punishments must be:
1. be consistent with human dignity
2. be fairly applied;
3. be acceptable to society; and
4. cannot be excessive.
Furman v. Georgia found that the death penalty was being administered unfairly and, so, was unconstitutional (the court ultimately said that the death penalty was constitutional in 1976)