Due ProcessDue Process

Civil Liberties: Protecting Civil Liberties: Protecting Individual RightsIndividual Rights

Chapter 20 Section 1Chapter 20 Section 1

What is Due Process?What is Due Process? The government must act fairly and in accord with The government must act fairly and in accord with

established rules. established rules. It must use fair procedures. It must use fair procedures. Generally, due process guarantees the following (this list Generally, due process guarantees the following (this list

is not exhaustive)is not exhaustive) Right to a fair and public trial conducted in a Right to a fair and public trial conducted in a

competent manner competent manner Right to be present at the trial Right to be present at the trial Right to an impartial jury Right to an impartial jury Right to be heard in one's own defense Right to be heard in one's own defense

Laws must be written so that a reasonable person can Laws must be written so that a reasonable person can understand what is criminal behavior understand what is criminal behavior

Amendments 5 & 14Amendments 5 & 14 5th Amendment

Trial and Punishment, Trial and Punishment, Compensation for Takings. Compensation for Takings. Ratified 12/15/1791. 12/15/1791.

No person shall be held to answer for No person shall be held to answer for a capital, or otherwise infamous crime, a capital, or otherwise infamous crime, unless on a presentment or indictment unless on a presentment or indictment of a Grand Jury, except in cases of a Grand Jury, except in cases arising in the land or naval forces, or in arising in the land or naval forces, or in the Militia, when in actual service in the Militia, when in actual service in time of War or public danger; nor shall time of War or public danger; nor shall any person be subject for the same any person be subject for the same offense to be twice put in jeopardy of offense to be twice put in jeopardy of life or limb; nor shall be compelled in life or limb; nor shall be compelled in any criminal case to be a witness any criminal case to be a witness against himself, against himself, nor be deprived of nor be deprived of life, liberty, or property, without due life, liberty, or property, without due process of lawprocess of law; nor shall private ; nor shall private property be taken for public use, property be taken for public use, without just compensationwithout just compensation..

www.usconstituion.netwww.usconstituion.net

14th Amendment

Citizenship Rights. Citizenship Rights. Ratified 7/9/1868.7/9/1868. Note History

1. All persons born or naturalized 1. All persons born or naturalized in the United States, and subject in the United States, and subject to the jurisdiction thereof, are to the jurisdiction thereof, are citizens of the United States and citizens of the United States and of the State wherein they reside. of the State wherein they reside. No State shall make or enforce No State shall make or enforce any law which shall abridge the any law which shall abridge the privileges or immunities of citizens privileges or immunities of citizens of the United States; of the United States; nor shall any nor shall any State deprive any person of life, State deprive any person of life, liberty, or property, without due liberty, or property, without due process of law;process of law; nor deny to any nor deny to any person within its jurisdiction the person within its jurisdiction the equal protection of the laws….equal protection of the laws….

Procedural Due Procedural Due ProcessProcess

The fair The fair methodsmethods of of government actiongovernment action

Basic function is to Basic function is to provide "an opportunity to provide "an opportunity to be heard. . .at a be heard. . .at a meaningful time and a meaningful time and a meaningful place," meaningful place," promoting fairness promoting fairness

The right to be heard, not The right to be heard, not the right to prevailthe right to prevail

Substantive Due Substantive Due ProcessProcess

Fair Fair policiespolicies of of government actiongovernment action

General rights that General rights that reserve to the individual reserve to the individual the power to possess or the power to possess or to do certain things, to do certain things,

These are rights like These are rights like freedom of speech freedom of speech and religion and religion

StatesStates Power to protect and promote:Power to protect and promote: HealthHealth – combat pollution, regulate liquor – combat pollution, regulate liquor

and tobacco, mandatory vaccinations. and tobacco, mandatory vaccinations. SafetySafety – seatbelt laws, drunk driving laws, – seatbelt laws, drunk driving laws,

concealed weapons.concealed weapons. MoralsMorals – gambling, prostitution, obscenity – gambling, prostitution, obscenity General WelfareGeneral Welfare – education laws, regulate – education laws, regulate

public utility, assist the medically needypublic utility, assist the medically needy The power is called Police Power and the The power is called Police Power and the

state can not use it in violation of due state can not use it in violation of due process. process.

Civil LibertiesCivil Liberties

Chapter 20Chapter 20

Section 2Section 2

What are civil liberties?What are civil liberties?

Basic rights and freedoms that are guaranteed -- Basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include:by courts and lawmakers. Civil liberties include:

Freedom of speech Freedom of speech The right to privacy The right to privacy The right to be free from unreasonable searches The right to be free from unreasonable searches

of your home of your home The right to a fair court trial The right to a fair court trial The right to marry The right to marry The right to vote The right to vote

Civil liberties are our natural rights, such as Civil liberties are our natural rights, such as freedom, equality and pursuit of happiness, freedom, equality and pursuit of happiness,

Civil liberties help restrain the power of the Civil liberties help restrain the power of the government to dictate how we behave. This government to dictate how we behave. This ensures that our daily life is not interrupted ensures that our daily life is not interrupted by authoritative figures that may just try to by authoritative figures that may just try to intentionally cause harm. intentionally cause harm.

Civil liberties contribute to the protection of Civil liberties contribute to the protection of our personal choices, such as the right to our personal choices, such as the right to abortions. abortions.

The Bill of Rights is important to civil The Bill of Rights is important to civil liberties because it does not allow the liberties because it does not allow the government to govern our personal lives. government to govern our personal lives.

What are Civil Rights?What are Civil Rights?

““Civil rights" has traditionally Civil rights" has traditionally revolved around the basic right to be revolved around the basic right to be free from unequal treatment based free from unequal treatment based on certain protected characteristics on certain protected characteristics

They protect from discrimination and They protect from discrimination and promote equal rightspromote equal rights

Race, gender, disability, in settings Race, gender, disability, in settings such as employment, housing, such as employment, housing, schools etc.schools etc.

Related Amendments

11st - st - Freedom of Religion, Press, ExpressionFreedom of Religion, Press, Expression 22nd - nd - Right to Bear ArmsRight to Bear Arms 33rd - rd - Quartering of SoldiersQuartering of Soldiers 44th - th - Search and SeizureSearch and Seizure 55th - th - Trial and Punishment, CompensationTrial and Punishment, Compensation 66th - th - Right to a Speedy trial, Confrontation of Right to a Speedy trial, Confrontation of

WitnessesWitnesses 88th - th - Cruel and Unusual PunishmentCruel and Unusual Punishment 1313th - th - Slavery AbolishedSlavery Abolished 1414th th - - Citizenship RightsCitizenship Rights

22ndnd Amendment Amendment

Protects the right of Protects the right of each State to keep a each State to keep a militia. Protects citizen militia. Protects citizen soldiers. soldiers.

It DOES NOT It DOES NOT guarantee the right of guarantee the right of individuals to keep individuals to keep and bear arms. and bear arms.

Each State can create Each State can create its own limits on the its own limits on the right to keep and bear right to keep and bear arms. arms.

33rdrd and 4 and 4thth Amendments Amendments Guarantee that the Guarantee that the

government cannot government cannot disturb people or their disturb people or their homes without good homes without good reason. reason.

33rdrd – Forbids the – Forbids the unlawful quartering of unlawful quartering of soldiers in private soldiers in private homes. Britain used to homes. Britain used to keep soldiers in private keep soldiers in private homeshomes

To date, there has To date, there has never been a court never been a court case regarding this case regarding this amendmentamendment

4th Amendment Prevent the use of writs of assistance, blanket search Prevent the use of writs of assistance, blanket search

warrantswarrants Police must, in most cases, have a search warrant after Police must, in most cases, have a search warrant after

proving to a judge that they have probable cause to proving to a judge that they have probable cause to suspect a crime.suspect a crime.

There are occasions when police do not need a search There are occasions when police do not need a search warrantwarrant

Evidence of a crime may moveEvidence of a crime may move The police witness the crimeThe police witness the crime Evidence is in plain sightEvidence is in plain sight A crime is in progressA crime is in progress Reasonable suspicion Probable cause

Taking the Taking the 5th The exclusionary rule, states that no object may be used in court as The exclusionary rule, states that no object may be used in court as

evidence if obtained illegally or without a proper evidence if obtained illegally or without a proper search warrantsearch warrant. . This principle gained its constitutional roots back in 1921 in the case This principle gained its constitutional roots back in 1921 in the case

of Gouled vs. United Statesof Gouled vs. United States-This Supreme Court held that although the government -This Supreme Court held that although the government

could could seize contraband, it could not seize property simply to use seize contraband, it could not seize property simply to use as as evidence. evidence.

There are certain cases where evidence from warrant-less searches There are certain cases where evidence from warrant-less searches is admissible, such as when something is in plain view, at an airport, is admissible, such as when something is in plain view, at an airport, during an arrest, or when there is no time to obtain a warrant. to during an arrest, or when there is no time to obtain a warrant. to solve crimes, from violating the civil liberties of American citizens. solve crimes, from violating the civil liberties of American citizens.

Warrants can only be issued by judges if there is "Warrants can only be issued by judges if there is "probable causeprobable cause" " to believe that evidence of wrongdoing will be found. Warrants must to believe that evidence of wrongdoing will be found. Warrants must contain the date, location, and time of a search, what is expected to contain the date, location, and time of a search, what is expected to be found, and the grounds for believing that such an object will be be found, and the grounds for believing that such an object will be found in the place indicated.found in the place indicated.

They maintain that our civil liberties must be protected above all They maintain that our civil liberties must be protected above all else. else.

Mapp v. Ohio, 1961Mapp v. Ohio, 1961

Police entered and searched Dollree Mapp’s home Police entered and searched Dollree Mapp’s home looking for gambling paraphernalia.looking for gambling paraphernalia.

They only found pornographyThey only found pornography The case of overturned because the evidence was The case of overturned because the evidence was

obtained without a warrant.obtained without a warrant.

1313thth Amendment Amendment

Slavery Abolished. Ratified 12/6/1865.Slavery Abolished. Ratified 12/6/1865. HistoryHistory 1. Neither slavery nor 1. Neither slavery nor involuntary servitudeinvoluntary servitude, ,

except as a punishment for crime whereof the except as a punishment for crime whereof the party shall have been duly convicted, shall exist party shall have been duly convicted, shall exist within the United States, or any place subject to within the United States, or any place subject to their jurisdiction.their jurisdiction.

2. Congress shall have power to enforce this 2. Congress shall have power to enforce this article by appropriate legislation.article by appropriate legislation.

Until the 13Until the 13thth Amendment, in 1865, states Amendment, in 1865, states could decide for themselves whether to could decide for themselves whether to condone involuntary servitude, slaverycondone involuntary servitude, slavery

The military draft is not involuntary servitudeThe military draft is not involuntary servitude

Relevant Court CasesRelevant Court Cases

Jones v. Mayer, 1968Jones v. Mayer, 1968Jones sued Mayer because he refused to sell him a house in Jones sued Mayer because he refused to sell him a house in a white-only neighborhood.a white-only neighborhood.

The Court backed Jones, using the 13The Court backed Jones, using the 13thth Amendment – “shall Amendment – “shall have the same right, in every State…”have the same right, in every State…”

Runyon v. McCray, 1976Runyon v. McCray, 1976An all white private school refused to admit 2 black An all white private school refused to admit 2 black childrenchildren

The court sided with the children because the school The court sided with the children because the school advertised to the public, therefore, must be equally advertised to the public, therefore, must be equally accessible regardless of raceaccessible regardless of race

MistakesMistakes The Court has generally allowed The Court has generally allowed

evidence if there are errors in the evidence if there are errors in the warrant.warrant.

If the warrant says “auto pants” If the warrant says “auto pants” instead of “auto parts”instead of “auto parts”

If the evidence would have been If the evidence would have been discovered without a warrantdiscovered without a warrant

Good faith conclusions by police, Good faith conclusions by police, thinking the warrant was good when thinking the warrant was good when it was not validit was not valid

When police make an “honest When police make an “honest mistake”mistake”

Drug Testing Wire Drug Testing Wire TappingTapping Employees may be Employees may be

subject to subject to mandatory drug mandatory drug testingtesting

Students may also Students may also be made to submit be made to submit to drug testing if to drug testing if they participate in they participate in extracurricular extracurricular activities and it is activities and it is randomrandom

Courts normally Courts normally protect an protect an individual’s right to individual’s right to privacyprivacy

To use information To use information learned from learned from bugging and bugging and individual, a search individual, a search warrant must be warrant must be used.used.

Recent Civil Liberties Court Recent Civil Liberties Court CasesCases

Baze v. ReesBaze v. Rees

Relevant TextRelevant Text: Eighth : Eighth AmendmentAmendment

The Big QuestionThe Big Question: Does : Does execution by lethal injection, execution by lethal injection, as it is currently practiced as it is currently practiced today, constitute cruel and today, constitute cruel and unusual punishment?unusual punishment?

The Big AnswerThe Big Answer: No. In a 7-2 : No. In a 7-2 ruling, the Court held that use ruling, the Court held that use of the three-drug lethal of the three-drug lethal injection cocktail does not injection cocktail does not constitute cruel and unusual constitute cruel and unusual punishment. The ruling punishment. The ruling effectively ended a national effectively ended a national moratorium on lethal injection moratorium on lethal injection that began with the botched that began with the botched Florida execution of Angel Florida execution of Angel Diaz in December 2006.Diaz in December 2006.

Snyder v. LouisianaSnyder v. Louisiana

Relevant Text:Relevant Text: Fourteenth Fourteenth AmendmentAmendment

The Big Question:The Big Question: Did Did prosecutors violate a black prosecutors violate a black defendant's right to due process defendant's right to due process by excluding the only black by excluding the only black jurors from a jury pool under jurors from a jury pool under suspicious circumstances?suspicious circumstances?

The Big Answer:The Big Answer: Yes. In a 7-2 Yes. In a 7-2 ruling, the Court held that a ruling, the Court held that a Louisiana prosecutor's Louisiana prosecutor's successful attempt to create an successful attempt to create an all-white jury by excluding black all-white jury by excluding black jurors--most egregiously, jurors--most egregiously, excluding an otherwise excluding an otherwise available and uncompromised available and uncompromised black college student on the black college student on the basis that he "appeared basis that he "appeared nervous"--violated the equal nervous"--violated the equal protection clause.protection clause.