1. Presentation Pro © 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 20 Civil Liberties: Protecting Individual Rights

2. 123 Go To Section: 4 Civil Liberties: Protecting Individual Rights Chapter 20 2222 3333 4444 1111 Study Guide preview

3. 123 Go To Section: 4 Chapter 20, Section 1 Read the 5 th and 14 th Amendments (MaGruders, 772, 774 or Street Law, 556, 557) Respond to the following: 1. WHAT DOES DUE PROCESS MEAN TO YOU? 2. How is the meaning of due process different in the 5th and 14th amendments? 2222 3333 4444 Due Process of Law

4. 123 Go To Section: 4 The 5th and 14th Amendments Chapter 20, Section 1 2222 3333 4444 The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”. The 14th Amendment extends that restriction to State and local governments. Due process means that the government must act fairly and in accord with established rules at all times. Due process is broken down into two branches: Substantive due process—the fairness of the laws themselves Procedural due process—the fairness of the procedures used to enforce the laws

5. 123 Go To Section: 4 Chapter 20, Section 1 2222 3333 4444 The Meaning of Due Process

6. 123 Go To Section: 4 Procedural and Substantive Due Process Case Studies Rochin v CA * How does this case illustrate procedural due process? Pierce v Society of Sisters * How does this case illustrate substantive due process?

7. 123 Go To Section: 4 “Street Law” Case Studies The Right To Die (469) Oregon’s Death with Dignity Act Goss v. Lopez (470) Read and respond to case study questions

8. 123 Go To Section: 4 Read “The Police Power” (566) What is police power and how does it relate to civil rights? Identify four things that government can “promote.”

9. 123 Go To Section: 4 Chapter 20, Section 1 2222 3333 4444 The Police Power

10. 123 Go To Section: 4 Privacy Rights: Our objective… What is the right of privacy and where are its origins in constitutional law? How do the 1 st, 3 rd, 4 th and 9 th Amendments create “Zones” of privacy. How do the 5 th and 14 th extend privacy rights? How has the Court applied privacy rights to issues such as abortion?

11. 123 Go To Section: 4 The Right to Privacy The constitutional guarantees of due process (5 th and 14 th ) create a right of privacy. Established in Griswold v. Connecticut, 1965, which held that a law outlawing birth-control was unconstitutional. In Stanley v. Georgia, 1969, the right of privacy was defined as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.” Chapter 20, Section 1 2222 3333 4444 The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe v.Wade in 1973. DBQ’s Griswold, Roe, and Casey

12. 123 Go To Section: 4 Find and Sit with your Group Roe v. Wade Group Discussions 1. Evaluate the Court’s reasoning in Roe v Wade. Why does a woman have the Constitutional right to an abortion? 2. (a) Is the right to an abortion unlimited? (b) What States’ interests does the Court identify in the majority opinion? 3. Do you agree more with the majority or the dissent (read those opinions again) 4. What is the significance of the cartoon on p. 219? Chapter 20, Section 1 2222 3333 4444

13. 123 Go To Section: 4 The Right to Privacy…and Abortion Planned Parenthood v Casey 1. Read the requirements of the 1982 Pennsylvania Abortion Control Act (a) Identify the rationale/purpose of each section (5 bullet points) (b) Discuss each section and try to reach a consensus…Do you agree with the provisions in each section? 2. Read the Casey v Planned Parenthood case brief (a) Which parts of the 1982 Pennsylvania Abortion Control Act were upheld by the Court? Which were struck down? Do you agree? (b) What is the impact of the decision in this case on abortion? Why is this case viewed as more important than Roe v. Wade? (c) Is there a part of the decision that might apply to gay marriage? Chapter 20, Section 1 2222 3333 4444

14. 123 Go To Section: 4 Quiz Review

15. 123 Go To Section: 4 The Right to Keep and Bear Arms Chapter 20, Section 2 3333 4444 1111 TPS: Read and interpret the 2 nd Amendment What does the 2 nd guarantee??

16. 123 Go To Section: 4 The Right to Keep and Bear Arms Chapter 20, Section 2 3333 4444 1111 The 2nd Amendment protects the right of each State to form and keep a militia. Many believe that the 2nd Amendment also sets out an individual right to keep and bear arms…Does It??? Case Study: Question, Holding, 2 nd Amendment implications District of Columbia v. Heller Mc Donald v Chicago Can States Regulate types of guns and access to guns??

17. 123 Go To Section: 4 Security of Home and Person The 4th Amendment protects against writs of assistance (blanket search and seizure warrants) and “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment. Chapter 20, Section 2 3333 4444 1111 The 3rd and 4th Amendments protect the security of home and person.

18. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111

19. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Unsupported/Anonymous tips?

20. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Plain View Warrantless Search??

21. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Random Information Roadblocks??

22. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Random Information Roadblocks??

23. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Lawful Arrest, Flight??

24. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 Probable Cause? Cars?? A car can be, “A moveable crime scene” California v. Acevedo

25. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 The Exclusionary Rule Mapp v Ohio DBQ

26. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 The Exclusionary Rule Mapp v Ohio DBQ Interesting Facts: Previous to this court case, Mapp had sued boxing champion Archie Moore for breach of promise for not marrying her. Don King, the future fight promoter for such boxing stars as Muhammad Ali, Larry Holmes, George Foreman, and Mike Tyson, was the target of the bombing and gave the police the name Virgil Ogletree as the possible bomber that led the police to Dollree Mapp's home where they believed he was hiding.Muhammad AliLarry Holmes George ForemanMike Tyson In 1970, Mapp was convicted of having $250,000 worth of stolen goods and drugs. She was sent to prison until 1981.

27. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 The Exclusionary Rule: Exceptions “Narrowing Cases” Inevitable Discovery: Nix v. Williams Good Faith Execution: United States v. Leon “honest mistake”: Maryland v. Garrison Knock and Announce rule?: Hudson v Michigan

28. 123 Go To Section: 4 Aspects of the 4th Amendment: Chapter 20, Section 2 3333 4444 1111 The Exclusionary Rule: Exceptions “Narrowing Cases” Knock and Announce rule?: Hudson v Michigan Facts of the case Booker T. Hudson was convicted of drug and firearm possession in state court after police found cocaine and a gun in his home. The police had a search warrant, but failed to follow the Fourth Amendment "knock and announce" rule which requires police officers to wait 20-30 seconds after knocking and announcing their presence before they enter the home. The trial judge ruled that the evidence found in the home could therefore not be used, but the Michigan Court of Appeals reversed based on two Michigan Supreme Court cases that created an exception to the suppression of evidence when the evidence in question would have inevitably been found. Question Does the general rule excluding evidence obtained in violation of the Fourth Amendment apply to the "knock-and-announce" rule?

29. 123 Go To Section: 4 Aspects of the 4th Amendment: TPS Chapter 20, Section 2 3333 4444 1111 Drug Testing? Should probable cause and a warrant be necessary? Wiretapping? Should probable cause and a warrant be necessary? The Patriot Act, FISA, and the NSA

30. 123 Go To Section: 4 For Wed. Due Process in Criminal Procedures Read 20.3 and complete “U.S. Gov.” Lesson 14

31. 123 Go To Section: 4 Article I, Sections 9 & 10 Chapter 20, Section 3 2222 4444 1111 Writ of Habeas Corpus—A court order which prevents unjust arrests and imprisonment Bills of Attainder—laws passed by Congress that inflict punishment without a court trial Ex Post Facto Laws—new laws cannot apply to things that happened in the past

32. 123 Go To Section: 4 Grand Jury Chapter 20, Section 3 2222 4444 1111 A grand jury is the formal device by which a person can be accused of a serious crime. It is required for federal courts under the 5th Amendment. The grand jury deliberates on whether the prosecution’s indictment, a formal complaint, presents enough evidence against the accused to justify a trial. Only the prosecution presents evidence. The right to a grand jury has not been incorporated by the 14th Amendment’s Due Process Clause. Most States have legislated to skip the grand jury stage.

33. 123 Go To Section: 4 Speedy and Public Trial Chapter 20, Section 3 2222 4444 1111 The right to a speedy and public trial was extended as part of the 14th Amendment’s Due Process Clause by Klopfer v. North Carolina, 1967. The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest. A judge can limit who can watch a trial if the defendant’s rights are in jeopardy.

34. 123 Go To Section: 4 Trial by Jury Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed. If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case. Most juries have to be unanimous to convict. Chapter 20, Section 3 2222 4444 1111

35. 123 Go To Section: 4 Right to an Adequate Defense Some rights of the accused: Chapter 20, Section 3 2222 4444 1111

36. 123 Go To Section: 4Self-Incrimination The Fifth Amendment declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection extends to the States, and sometimes to civil trials if the self-incrimination could lead to a criminal charge. A person cannot be forced to confess to a crime under extreme circumstances. A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily. In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule. Chapter 20, Section 3 2222 4444 1111

37. 123 Go To Section: 4 Homework Review Due Process in Criminal Proceedings 27 B: Where in the Constitution? 28 A, B: Group Review

38. 123 Go To Section: 4 The Right to Counsel (6 th ) Gideon v. Wainwright Case Brief Defending Gideon

39. 123 Go To Section: 4 Bail and Preventative Detention Chapter 20, Section 4 2222 3333 1111 Bail a cash deposit with the court as a guarantee that the accused will appear in court. all accused persons are not entitled to bail, just that the amount of the bail cannot be excessive. Critics argue that bail provides the wealthy with an advantage in criminal proceedings

40. 123 Go To Section: 4 Bail and Preventative Detention Chapter 20, Section 4 2222 3333 1111 Preventive detention is a law that allows judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released. Critics think preventive detention amounts to presuming the accused guilty. The Court upheld the law in United States v. Salerno, 1987. »Hernandez VerdictHernandez Verdict

41. 123 Go To Section: 4 Cruel and Unusual Punishment The 8th Amendment is intended to prevent, in the Court’s opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments. The Supreme Court held that defining narcotics addiction as a crime, rather than an illness, was cruel and unusual in Robinson v. California, 1962. In Estelle v. Gamble, 1976, it ruled that a prison inmate could not be denied medical care. However, generally the Court has not found many punishments to be cruel and unusual. Life without parole…..Solitary confinement…Death penalty (including…electric chair, firing squads, hanging) Chapter 20, Section 4 2222 3333 1111

42. 123 Go To Section: 4 Capital Punishment: Fact Sheet Fact SheetFact Sheet The Supreme Court voided capital punishment laws in the early 1970s ( Fuhrman v Georgia) “…applied “capriciously” to only a few convicts, often African American or poor or both.” Left far too much choice to judges and juries However, in 1976, the Court upheld the death penalty when it results from a two-stage trial process. * stage 1: guilt or innocence * Stage 2: Punishment The Court later restricted the use of the death penalty to cases where the victim died. Capital punishment: Cruel and unusual punishment? Chapter 20, Section 4 2222 3333 1111 Is America's death penalty in its dying days?Is America's death penalty in its dying days?

43. 123 Go To Section: 4Finally….Treason Treason is the only crime defined in the Constitution. 1. Levying war against the United States or 2. Giving aid and comfort to the enemies of the United States. 3. A person can only commit treason in times of war, and it is punishable by the death penalty. Chapter 20, Section 4 2222 3333 1111 Why define treason in the Constitution? It involves an action that endangers the entire nation