chapter 14 citizenship and equal justice. searches and seizures society must be protected against...

Chapter 14

Citizenship and Equal Justice

Searches and Seizures

• Society must be protected against criminals, but individual rights must be preserved

• Searches and Seizures– 4th Amendment protects you from unreasonable

searches and seizures– Police must state under oath that they have probable

cause to suspect someone of committing a crime to justify a search

Searches and Seizures

• Searches and Seizures cont…– 23 states – no warrant needed if there is probable

cause for a felony– Special situations• No warrant needed if police witness a crime• Police can seize drugs during traffic stop• No warrant needed to search trash in front of house• Drug tests

– Exclusionary Rule - illegally obtained evidence cannot be used in federal courts

Searches and Seizures

• Searches and Seizures cont…– Schools• New Jersey v. TLO

– School officials do not need warrants or probable cause to search students or their property

– Reasonable suspicion, grounds

• Random drug testing for athletes

– Wiretapping and electronic eavesdropping• Considered search and seizure by the Supreme Court

Guarantee of Counsel

• 6th Amendment guarantees defendant right “to have assistance of counsel for his defense”– Counsel = attorney

Self-Incrimination

• 5th Amendment – “no one shall be compelled in any criminal case to be a witness against himself”– Confessions extorted by force or violence violates

the 5th

• Examples?

Double Jeopardy

• Person may not be tried for the same crime twice

• If criminal act is in violation of both state and federal laws they can be tried at both levels

• Single act may involve multiple crimes

Cruel and Unusual Punishment

• 8th Amendment forbids “cruel and unusual punishment”

• Controversy over the death penalty

Equal Protection of the Law

• 14th Amendment forbids states from denying any person within its jurisdiction equal protection

• No unreasonable distinctions among different groups of people– Ex: not allowing people with red hair to get a license

• Rational basis test – the court will uphold a state law when the state can show a good reason to justify the classification– Hate crimes have longer sentences in some states

Equal Protection of the Law

• Suspect Classification – when classification is based on race or national origin, subject to judicial scrutiny– Ex: African Americans riding in the back of buses– State must show the Court some compelling

interest to justify the law• Addresses a public problem

Equal Protection of the Law

• Proving intent to discriminate– Discrimination – individuals are treated unfairly

solely because of their race, gender, ethnic group, age, physical disability, or religion• Showing an intent to discriminate

– Ex: Tests you have to pass for certain jobs

Review Questions

1. What is the exclusionary rule?

2. What are 2 examples of times police do not need arrest or search warrants?

3. What does the 8th Amendment protect you from?

4. What type of alien refers to citizens of a nation with which the US is at war?

Review Answers

1. Exclusionary Rule – can’t use evidence obtained in violation of the 4th Amendment – handed down in Mapp v. Ohio

2. Witness a crime, drugs at traffic stop, trash in front of house

3. Cruel and unusual punishment, double jeopardy, excessive bail and fines

4. Enemy alien

Challenges for Civil Liberties• Affirmative Action– Government policies that directly or indirectly give

a preference to minorities, women, or physically disabled in order to make up for past discrimination from society as a whole• Opponents will argue reverse discrimination• What do you think?

Citizens’ Right to Know• Security classification system – information on

government activities related to national security and foreign policy may be kept secret

• Freedom of information Act – federal agencies to provide citizens access to public records on request

• Sunshine Act – agency meetings open to public with one week notice– If closed, a transcript is to be provided

Review Question

• What are the three ways someone can be an American citizen? Be sure to describe each one.

Chapter 15

Law in America

Review Questions

1. What are the four types of law?2. What are the two categories for property and

what is the difference between them?3. What are the three types of crimes? Give

examples for each.

Answers

1. Constitutional, Statutory, Administrative, Common

2. Real – your house, the land it’s on, and everything growing on it

Personal – moveable things, intangibles; all the things in the house3. Petty Offense - speeding Misdemeanor - vandalism Felony - murder

Source of American Law

• Law = set of rules and standards by which society governs itself

Source of American Law

• Early Systems of Law– Code of Hammurabi – 282 legal cases covering

property, family, criminal, and civil law in ancient Babylon

– 10 Commandments – Guidelines as to how people should behave towards one another (Judaism and Christianity)

– Justinian Code – Reorganization and simplification of Roman law• Considered by many to be Rome’s greatest contribution to

civilization• Influenced the Napoleonic Code – used in many countries

today

Types of Law

• Constitutional Law– Deals with the formation, construction, and

interpretations of constitutions • Cases decide limits to gov’t power, individual rights

• Statutory Law– Statute – law written by a legislative branch– Ordinances – statues passed by city councils– Also known as Roman law

Types of Law

• Administrative Law– Spells out the authority and procedures to be

followed by administrative agencies, as well as rules and regulations issued by these agencies

• Common Law – aka case law – law made by judges in the process of resolving individual cases

• Equity – system of rules by which disputes are resolved on the grounds of fairness– Can require action beyond fines, jail

Legal System Principles

• Equal justice under the law– Effort to treat all people the same

• Substantive due process– Deals with certain individual rights (ex: religion)

• Procedural due process– Notice to person they are doing something wrong

and that the government will take action– Accused person has the right to respond or be

heard concerning accusations of wrongdoings

Substantive Due Process

• Freedom of Religion examples– Lemon v. Kurtzman• Three part test• Is the primary purpose to advance religion?• Is the primary effect to advance religion?• Does it entangle gov’t in religious affairs?

– Engel v. Vitale• Gov’t can’t compose a prayer for anyone to recite –

violates establishment clause

Civil Law

• Concerns disputes between 2 individuals or individuals and government

• Contracts– Set of voluntary promises– Expressed – terms are specifically stated– Implied – terms are not specifically stated

Civil Law

• Property Law– Real Property – land and whatever is attached to

or growing on it– Personal Property – movable things and

intangibles– Fair Housing Act – protects people from

discrimination when purchasing a home or trying to obtain a loan

Civil Law

• Family Law– Deals with marriage, divorce, and child-parent

relationships• Tort – Wrongful act in which someone can sue for

damages– Can be intentional or negligent

Steps in a Civil Case

• Plaintiff – person who brings charges in a lawsuit (complaint)

• Defendant – person on which the suit is brought• Steps in a Civil Case– Hire a lawyer– File a complaint– Pretrial discovery – check facts, gather evidence– Resolution without trial– Trial– Award

Steps in a Civil Case

• Small claims court– Deals with small debts, property damages,

landlord/tenant disputes, small business disputes

Criminal Law

• Types of crime– Petty offenses – speeding, littering, illegal parking– Misdemeanors – vandalism, stealing– Felonies – kidnapping, murder

Criminal Law

• Steps in a criminal case– Investigation and arrest– Initial appearance

• Given charges• Plea• Possibility of bail

– Preliminary hearing• Indictment – formal

charges

– Plea bargaining

– Arraignment and pleas• 1 of 4 pleas: guilty, not

guilty, not guilty because of insanity, or no contest (not guilty but not contesting the charge)

– Trial• 5th Amendment – defendant

doesn’t have to testify

– Decision• Verdict• Hung jury – mistrial

– Sentencing