1. Chapter 20: Civil Liberties: Protecting Individual Rights

2. Due Process The Constitution has ______ due process clauses.
The 5th Amendment prohibits the federal government from depriving any person of “life, liberty, or property, without due process of law.”
The 14th Amendment extends this prohibition to all ___________ and local governments and extends most of the protections of the Bill of Rights to the states.

3. Types of Due Process
Why are both _________________ and substantive due process necessary?
Both procedures and laws must be ________ for due process to be effective.

4. What is Due Process?
There is no exact ______________ of due process. The meaning of due process has been defined by the Supreme Court on a case-by-_________ basis.
In the cartoon at right, is it possible that the prisoner’s complaint is justified? Explain.
Interpreting Political Cartoons Question Answer: Student answers will vary, but a possible answer is: No. Due process guarantees a fair trial, but not acquittal.

5. Examples of Due Process
In one procedural case, police officers broke into a suspect’s room and later _____________ his stomach to recover evidence of drugs. The Court threw out this case as a violation of due process.
NOTE TO TEACHERS: This example refers to Rochin v. California, 1952.

6. Examples of Due Process, cont.
In a substantive due process case, the Court ruled that an Oregon law requiring children to attend only ____________ schools violated due process because it was unfair to prevent children from attending private schools.
NOTE TO TEACHERS: This example refers to the case Pierce v. Society of Sisters, 1925

7. Examples, cont.
Standards for due process apply to the __________ of evidence, including forensic evidence.

8. The Police Power
States have a reserved police power to safeguard the ________-being of their people.
States must balance individual rights versus the needs of society when using this power.
To protect ____________ safety, states are allowed to test people to determine if they are drunk while driving, even without a search warrant or an individual’s consent

9. Police Power, cont.
States have broad _____________ to use their police powers in the public interest.
To promote health, states can require child vaccinations, make laws to reduce pollution, and limit the sale of alcohol and tobacco.
To promote ______________ welfare, states can aid the medically needy and require young people to attend school.

10. Police Power, cont.
To promote morals, states can regulate ______________ and outlaw prostitution.
To promote safety, states can require the use of _______ belts, ban the use of cell phones while driving, and punish drunk drivers. \

11. Right to Privacy
The Constitution does not _____________ mention the right to privacy.
The Supreme Court has ruled that under the 14th Amendment’s Due Process Clause, individuals have a broad right to be free from unwanted government intrusions into their personal privacy.
Cases involving state attempts to limit access to abortion have _______ this right.
NOTE TO TEACHERS: The second bullet involves the cases Stanley v. Georgia, 1969 and Griswold v. Connecticut, 1965

12. Roe v. Wade
In the 1973 case Roe v. Wade, the Court struck down a _____________ law that made abortion illegal unless needed to save the mother’s life.
The Court ruled that:
In the first trimester of pregnancy, a state must recognize a woman’s right to an abortion.
The state can regulate abortions in the second _______________ of pregnancy.
The state can ban abortions in the third trimester unless they are medically necessary.

13. Changes to Roe v. Wade
Checkpoint: How has the Supreme Court modified its Roe v. Wade ruling in later decisions?
The Court has allowed states to ban abortions in _____________ operated hospitals or clinics.
The Court has upheld state laws requiring minors to notify a parent before obtaining an abortion.
The Court has allowed state laws that place “_______________ limits” on a woman’s right to an abortion if no undue burden is caused.
NOTES TO TEACHERS: The first ruling came in Webster v. Reproductive Health Services, The second ruling was from Ohio v. Akron Center for Reproductive Health. The third ruling was from Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992.
Checkpoint Answer: See the list of modifications given on the slide above. 13

14. Recent Cases
Changes in the ________________ of the Supreme Court can alter how the Court interprets a case.
In 2000, the Court struck down a state ban on partial-birth abortions as representing an “undue burden” on women.
In 2007, the Court ___________ a federal law banning the same procedure, arguing that it did not place an undue burden on women.
NOTE TO TEACHERS: The 2000 case was Stenberg v. Carhart. The 2007 case was Gonzales v. Carhart.

15. 13th Amendment The 13th Amendment ____________ slavery in 1865.
What kinds of involuntary servitude are permitted today?
Citizens are __________ into the military.
Convicts can be imprisoned and forced to work.

16. 13th Amendment, cont.
For many years the Supreme Court allowed ____________ discrimination by private individuals and businesses.
Beginning in 1968, the Court began ruling that racial discrimination violates the 13th Amendment.
Under current laws, _______ citizens must have an equal right to buy, sell, and hold property and to enter and enforce contracts.
NOTES TO TEACHERS: The 1968 case was Jones v. Mayer. The third bullet refers to the requirements of the Civil Rights Act of 1866 and the Supreme Court case Runyon v. McCrary, 1976.

17. 2nd Amendment
The 2nd Amendment protects “the right of the people to keep and bear Arms in a ______ regulated militia”
There has been controversy over whether this right, which was added to protect the idea of the _____________ soldier, applies to all individual citizens.
NOTE TO TEACHERS: The image shows, a statue, called The Minuteman, which honors the colonial militia.

18. 2nd Amendment, cont.
For many years the Court rejected the _______________ right to bear arms and upheld laws that banned some firearms.
The Court ruled in 2008 that ownership of handguns for self-defense cannot be banned, though their sale and possession can be _____________ in some cases for public safety. Future cases on gun control laws will surely follow.
NOTE TO TEACHERS: The 2008 case is District of Columbia v. Heller

19. Home Security
The ________ Amendment forbids soldiers from being housed in private homes without the owner’s consent except in wartime.
The _______ Amendment was adopted to prevent the use of blanket search warrants to search private property.
This same right is provided by each state constitution and is applied to the states by the 14th Amendment.

20. Probable Cause
In most situations, police officers looking for evidence must first gain a _________ warrant from a court by showing that they have probable cause to suspect a crime.
This rule does not apply if the evidence of a crime is in plain view.
Police officers do not need a warrant to search a suspect or the immediate area after making a ______________ arrest.

21. Probable Cause, cont.
Police officers must have ____________ suspicion that a crime has occurred or is about take place before they stop and _________ or search a person.

22. Probable Cause, cont.
Today police need _____________ cause, but not a warrant, to search vehicles and passengers that they have lawfully ___________ or suspect of being involved in a crime.

23. Exclusionary Rule
Under the exclusionary rule, evidence gained _____________ by police cannot be used as evidence against the person from whom it was seized.
This is meant to limit police misconduct, but critics say it protects criminals.
The Supreme Court has ruled that federal and school district __________-testing programs are legal and do not require warrants.

24. Mapp v. Ohio
Mapp v. Ohio, 1961, extended the exclusionary rule to the ________.
State and local police cannot use evidence gained by unreasonable _____________ and seizures in court.

25. Exceptions
The exclusionary rule may not apply in any of the following situations:
The evidence would have been discovered _____________.
Police fail to announce their presence before serving a warrant but do not endanger anyone by doing so.
Officers make an ___________ mistake by accidentally performing a search with a faulty warrant or searching the wrong place. 25

26. Patriot Act
The Patriot Act was passed in 2001 to increase the government’s power to fight _______________.
The Act allows federal agents to conduct searches of a suspect’s home when no one is there and to collect visual and written evidence ___________ a warrant.

27. Wiretapping
Checkpoint: How did the Court’s ruling in Katz v. United States differ from its ruling in Olmstead v. United States?
In Olmstead, the Court held that an _____________ wiretap did not need a warrant because it was not a physical search.
In Katz, the Court ruled that people have a right to private communications and that wiretaps required _______________.
Checkpoint Answer: In Olmstead, the Court ruled very literally that electronic surveillance did not involve a physical search and so was not covered by the 4th Amendment. In Katz the Court overturned this ruling and argued that people have a reasonable expectation of privacy in certain communications such as private phone calls, and search warrants must be obtained before wiretaps are permitted by law. 27

28. Wiretapping, cont.
The Bush administration authorized warrantless wiretaps of Americans suspected to have ________ to terrorism.
When this secret program was revealed, the administration defended its actions as a reasonable use of the President’s authority as ___________________ in chief.
This issue remains unresolved.

29. Habeas Corpus
The Constitution and the state constitutions protect the right of the ___________ to be brought before a court to hear the charges against them. This is called a _______ of habeas corpus.

30. Habeas Corpus, cont.
Habeas corpus can be suspended _________ by Congress or the President during an invasion or rebellion.
This happened during the Civil War.
Hawaii’s governor ____________ suspended habeas corpus after Japan bombed Pearl Harbor.

31. Limits on Laws
The Constitution ___________ the federal and state governments from passing bills of attainder or ex post facto laws.
Bills of attainder are laws that punish someone ___________ a court trial. Such laws would violate the separation of powers between the legislative and judicial branches.
Ex post fact laws are criminal laws that apply to acts committed __________ the laws were passed and that harm the accused.
NOTE TO TEACHERS: These bans are spelled out in Article I, Sections 9 and 10 of the Constitution.

32. NOTES TO TEACHER: ARREST: Officers must have a warrant or act on probable cause. No unreasonable search or seizure. Accused may request writ of habeas corpus to challenge detention. INTERROGATION: Accused must be informed of rights to counsel and to remain silent. No third degree methods or coerced confession. GRAND JURY PROCEEDING: Grand jury weighs evidence provided by prosecutor. Accused may be charged by indictment or presentation. Bail, if required, cannot be excessive.

33. NOTES TO TEACHER: TRIAL: Public trials by an impartial jury within 100 days of arrest. Accused may request a change of venue. Assistance of counsel guaranteed. No self-incrimination. Favorable witnesses may be subpoenaed, opposing witnesses confronted. Jury’s verdict to convict must be unanimous. No double jeopardy. PUNISHMENT: No excessive fine. No cruel and unusual punishment. APPEALS: Either side may appeal a verdict against it.

34. Grand Jury Most states do not use grand juries.
Federal prosecutors __________ use grand juries to indict, or charge, people accused of federal crimes.
A grand jury is made up of 16 to 23 people from the area of a district court.
The jurors hear only evidence ______________ the accused. If at least 12 agree there is enough evidence, the case goes to trial. Otherwise the charges are dropped.

35. Double Jeopardy
The 5th Amendment says that no person can be tried ______________ for the same crime.
A person can be charged with both a federal and a state crime for the same act. They can then be tried in both federal and state court.
Double jeopardy does not apply when a trial ends with no _____________ or when cases are appealed to higher courts.

36. Speedy and Public Trial
The 6th Amendment grants the right to a speedy and public trial.
To determine if a trial was delayed for too long, the Court looks at the length of the delay, the reasons for it, whether the delay hurt the defendant, and whether the _____________ asked for a speedy trial.
Too much publicity can harm the fairness of a trial.
Federal trials may ________ be televised but state trials can.

37. Trial by Jury
Federal crimes and serious state crimes are tried by jury.
Most juries have 12 members, but some have as few as six.
Jury members must be drawn from a ________ section of the community where the crime occurred.
A defendant can ___________ the right to a jury trial and be tried by a judge alone.
NOTE TO TEACHERS: The right to a jury for federal crimes is specified in the 6th Amendment.

38. Adequate Defense
Every person accused of a crime has a right to the best ______________ defense under the circumstances.
The 6th Amendment says that a defendant has the right:
To know the charges against him or her
To confront and question witnesses
To _________________ witnesses
To have counsel for his or her defense

39. Adequate Defense, cont.
In Gideon v. Wainwright, 1963 the Court ruled that an attorney must be provided to a defendant who cannot __________ one.
Gideon wrote to the Supreme Court to appeal his conviction.
NOTE TO TEACHER: This image image depicts Clarence Earl Gideon.

40. Self-Incrimination
The 5th Amendment protects people from being forced to ______________ themselves.
It applies to many types of legal proceedings.
It does not apply to being _______________ or photographed.

41. Miranda v. Arizona, 1966
Checkpoint: What does the Miranda rule require of police officers?
Suspects must be _____________ of their constitutional rights, including their right to a lawyer and to not incriminate themselves, before they are questioned.
The rule is _________________ and is being refined on a case-by-case basis.
Checkpoint Answer: Suspects must be informed of their constitutional rights, including their right to have an attorney present and their right not to incriminate themselves.

42. Bail
Bail is money posted by a defendant with the court to __________________ that they will appear in court when called.
Bail exists for two reasons:
A person should not be jailed until his or her guilt has been established;
A defendant is better able to ___________ for trial outside of a jail.

43. Bail, cont.
The amount of bail is set by the _________ for each particular case.
The more serious the crime or the wealthier the defendant, the higher the bail amount.
Poorer defendants may be released “on their own ________________” without posting bail.

44. Bail, cont.
The Constitution does ______ require that bail be set for all crimes.
A defendant can make a legal appeal over the denial of bail or the ____________ of bail required.
NOTE TO TEACHERS: In this image, a bar advocate reviews her client’s paperwork before his or her bail hearing

45. Preventive Detention
People accused of federal and state crimes can be held in ______________ detention if it is suspected they would commit further crimes before trial.
Critics say this amounts to punishing the accused before they are convicted.
The Supreme Court has upheld this practice as a means of ______________ the community.

46. Cruel and Unusual Punishment
The 8th amendment forbids “cruel and ________________ punishment” and the 14th Amendment extends this protection to the states.
The Supreme Court denies most claims of cruel and unusual punishment.
The Court has upheld California’s “three __________” law, which sets a minimum sentence of 25 years for those convicted of a third crime.
NOTE TO TEACHERS: The Court upheld the “three strikes” law in Lockyer v. Andrade, 2003.

47. Cruel and Unusual Punishment, cont.
The Court has ruled that ___________ prison conditions do not qualify as cruel and unusual punishment.
What point is the cartoonist making here?
NOTE TO TEACHERS: The first bullet refers to the case Rhodes v. Chapman, 1980.
Answer: That the jails and prisons are so overcrowded that the prisoner numbers are too long to even type out anymore.

48. Capital Punishment
Checkpoint: What was the significance of the Court’s ruling in Furman v. Georgia?
The Court struck down Georgia’s laws ________________ by the death penalty because those laws were not fairly administered--mostly poor people and African Americans were executed.
This ruling led many states to ____________ their capital punishment laws.

49. Capital Punishment, cont.
The Court has ruled that state laws _____________ the death penalty for certain crimes are unconstitutional.
The Court allows state laws that use a two- stage approach to capital punishment:
First a trial is held to decide if the accused is innocent or ____________
A second proceeding then determines if the death penalty is justified.
NOTES TO TEACHERS: The first bullet refers to the case Woodson v. North Carolina, 1976, the second bullet to the case Gregg v. Georgia, 1976 49

50. Capital Punishment Limits
The death penalty can only be imposed for crimes that result in the death of the victim.
The death penalty cannot be imposed on people who are mentally challenged or who were under age 18 when they committed their crime.
A jury, not a judge, must decide whether the death penalty will be imposed.
NOTES TO TEACHERS: The first bullet refers to the case Coker v. Georgia, 1977, the second bullet refers to Atkins v. Virginia, 2002 (mentally challenged), Roper v. Simmons, 2005 (under 18), and the final bullet refers to Ring v. Arizona, 2002.

51. Capital Punishment, cont.
The Court has determined that the death penalty is constitutional.
Few people sentenced to death are _____________, but some innocent people have been freed from death row.
The American people are evenly ______________ on the issue.

52. Treason Treason is the only crime _______________ in the Constitution.
It applies to all U.S. citizens who engage in war against the United States or who aid and comfort America’s enemies.
It can only be ______________ during wartime, but Congress has made it a crime to conspire against the United States or commit espionage or sabotage during peacetime.

53. Treason, cont.
Checkpoint: Who may be convicted of treason? What is the maximum penalty for this crime?
Any ________________ citizen can be convicted of treason.
The maximum penalty is death, but no one has ever been executed for treason.
Most state constitutions also ___________ treason.
Checkpoint Answer: Any American citizen who goes to war against the United States or aids and comforts its enemies can be convicted of treason and sentenced to death. 53