1. Civil Liberties & Civil Rights
Rights of the Accused
Civil Liberties & Civil Rights

2. What other liberties are protected in the Bill of Rights?
Rights & Liberties
intro
What other liberties are protected in the Bill of Rights?

3. Civil Liberties & Civil Rights
Second Amendment
Civil Liberties & Civil Rights

4. Rights & Liberties Second Amendment The Second Amendment
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”
The Constitution moved the military power from the states to the national government – this preserved militias
This protected the people from being completely disarmed by the state, preserving their ability to defend themselves from a tyrannical government
For 200+ years the Court interpreted this right to mean that militias had this right

5. Rights & Liberties Second Amendment Interpreting the 2nd Amendment
Washington, D.C. banned handguns and required that shotguns be kept disassembled in the home
Does this infringe upon Heller’s Second Amendment rights?
DC v. Heller
For the first time, the Court ruled that the 2nd protects an individual’s right to a firearm unconnected with service in a militia for lawful purposes & self defense
Individuals, not just militias, have a right to keep and bear arms

6. Interpreting the 2nd Amendment
Rights & Liberties
Second Amendment
Interpreting the 2nd Amendment
Chicago passed a citywide handgun ban in All guns had to be registered & they stopped accepting registration then
Can a state limit the right to bear arms or are they violating the 2nd Amendment?
McDonald v. Chicago
Following Heller , the Court incorporated the Second Amendment, protecting an individual’s right to bear arms from the states

7. Civil Liberties & Civil Rights
Search & Seizure
Civil Liberties & Civil Rights

8. Rights & Liberties Fourth Amendment Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized

9. Rights & Liberties Fourth Amendment Search & Seizure
Probable Cause – there is reason to believe that a crime has been committed or there is evidence relevant to a criminal investigation
Search Warrant – issued by a judge, it authorizes a search, specifying the areas to be searched and what is being searched for

10. DO NOT CONFUSE SEARCH ISSUES WITH PRIVACY RIGHTS
Rights & Liberties
Fourth Amendment
Search & Seizure
Probable Cause – there is reason to believe that a crime has been committed or there is evidence relevant to a criminal investigation
Search Warrant – issued by a judge, it authorizes a search, specifying the areas to be searched and what is being searched for
DO NOT CONFUSE SEARCH ISSUES WITH PRIVACY RIGHTS

11. Rights & Liberties Fourth Amendment Search & Seizure Mapp v. Ohio
Mapp’s house was being searched for a fugitive without a proper warrant. Instead police found obscene materials and arrested her.
Is this a legal search? Is she receiving due process?
Mapp v. Ohio
No – the warrant was invalid and the obscene materials would not have been found legally.
This established the Exclusionary Rule

12. Evidence obtained illegally is inadmissible in court.
Rights & Liberties
Fourth Amendment
Exclusionary Rule
Evidence obtained illegally is inadmissible in court.
The accused may still be held responsible but will have to be tried with other independent evidence obtained legally

13. Rights & Liberties Fourth Amendment Good Faith Exception:
Police conduct a search with a warrant, but later found the warrant to be invalid because of a mistake
Evidence seized by officers acting in good faith is still admissible.
Typos, mistakes, etc. will not invalidate all evidence. The police acted in good faith
Inevitable Discovery Rule
If the evidence were eventually going to be obtained legally, it can still be admitted into court

14. Rights & Liberties Fourth Amendment Other search issues
Police can search if they have probable cause a crime is being committed.
Police can search without a warrant if a person consents to the search
Police can conduct a search
immediately after an arrest
If evidence is in plain view, police do not need a warrant to obtain it.

15. Police can search if they think that the evidence will be destroyed
Rights & Liberties
Fourth Amendment
Other search issues
Police can search if they think that the evidence will be destroyed
A signal from a police dog can be sufficient evidence to trigger probable cause
Co-occupant consent rule – a roommate can give police consent for a search

16. Should she be protected by the Fourth Amendment?
Rights & Liberties
Fourth Amendment
New Jersey V TLO
TLO (we protect her identity) is a student who got caught smoking in the bathroom at school.
The Vice Principal searched her purse without consent, finding marijuana, a pipe, & documentation of sales!!
Should she be protected by the Fourth Amendment?
NO! The smoking justified the search. Schools don’t offer the same level of 4th Amendment protections to students as adults in the real world

17. Civil Liberties & Civil Rights
Fifth Amendment
Civil Liberties & Civil Rights

18. No double jeopardy – you cannot be tried twice for the same crime
Rights & Liberties
Freedom of Assembly
Fifth Amendment
Due process of law – everyone is treated equally and goes through a fair process
No self-incrimination – you cannot be forced to testify against yourself
No double jeopardy – you cannot be tried twice for the same crime
Eminent Domain – the govt can take your private property for public use, but not without compensation

19. Rights & Liberties Freedom of Assembly Self Incrimination
“You have the right to remain silent”
The defendant cannot be forced to testify at trial
Defendants must be informed of their rights to not testify
Coerced confessions are not admissible in court
A person may “plead the fifth’ in order to avoid incriminating themselves

20. Rights & Liberties Freedom of Assembly Self Incrimination
Miranda committed a crime and confessed after questioning by police
His lawyer argued that his confession was not fairly obtained since Miranda did not know his rights.
Miranda v. Arizona
People must be made aware of their rights by the state for the confession to be legal in a court case
Now every arrest must begin with a recitation of a “Miranda warning”

21. Civil Liberties & Civil Rights
Sixth Amendment
Civil Liberties & Civil Rights

22. What does “speedy” mean?
Rights & Liberties
Sixth Amendment
Speedy Trial
What does “speedy” mean?
SCOTUS has ruled there is a limit of 100 days between arrest and start of trial
Doesn’t really mean anything because prosecutors and defense attorneys can ask for extensions and they are almost always granted.
If the defense asks for a delay, they can no longer claim that he trial was unfair because it wasn’t speedy enough

23. Rights & Liberties Sixth Amendment Public Trial
We must balance the right of the defendants with the rights of the press.
If publicity would undermine the defendant’s right to due process, limits can be placed on public access
It is harder for the government to prove the need to close the trial than it is for the defendant.
EX: organized crime cases (security of witnesses), rape cases (decency), juvenile cases, cases involving classified information

24. Rights & Liberties Sixth Amendment Right to Counsel Powell v. Alabama
A criminal defendant has the right to be represented by a lawyer in all interactions with the state
Powell v. Alabama
The basis for Gideon, Court ruled you are guaranteed counsel in death penalty cases, even if you can’t afford it.
Incorporated 6th amendment right to counsel – state govts. Must provide you with counsel if you cannot afford it.
Gideon v Wainwright

25. Civil Liberties & Civil Rights
Eighth Amendment
Civil Liberties & Civil Rights

26. Bail can be denied to those who are considered dangerous or
Rights & Liberties
Punishment
Excessive Bail
Excessive bail was incorporated in 2019 – states cannot charge excessive fines
Bail can be denied to those who are considered dangerous or
are likely to flee
Fines cannot be so expensive that they amount to a deprivation of property without due process of law

27. Rights & Liberties Punishment Death Penalty
Forbids some actions entirely, especially when the punishment does not math the offense
Punishments also must deal with the competence of the perpetrator
We do not give the death penalty to anyone under 18
States cannot execute those who are mentally handicapped

28. Rights & Liberties Punishment Furman V Georgia Gregg V Georgia
In 1972 the death penalty was ruled unconstitutional because it was imposed unfairly (it was imposed inconsistently and disproportionately against African American defendants)
It did not violate the 8th Amendment, but it did violate the 14th Amendment
Gregg V Georgia
Four years later the death penalty was allowed to resume after Georgia came up with a more fair system.
SCOTUS says the death penalty does not violate Cruel & Unusual punishment

29. Civil Liberties & Civil Rights
Bigly Ideas
Civil Liberties & Civil Rights

30. Public Policy Wrap Up Fourth Amendment Fifth Amendment Sixth Amendment
Eighth Amendment
Focus on these things: