Citizens Rights and Equal Justice All Citizens Entitled

Citizens Rights and Equal Justice

All Citizens Entitled to “Due Process” th 5 Amendment th 14 Amendment (States)

Due Process : The Government Must Act Fairly and Follow the Rules before it can deprive one of Life, Liberty or Property

Police Enforce Laws Protect Society but must respect Individual Rights

Does Testing for DUI Violate Personal Rights ? Courts have ruled : No Public Safety Condition for Driver’s License

Search Warrants Court Order to Seize Evidence

Government can override when it concerns : Public Health, Safety, Morals, or General Welfare

Health Limit Alcohol, Tobacco, Pollution and Vaccines (School)

Safety Weapons, Seat Belts, DUI

Morals Gambling, Porn, Prostitution

Right to Privacy Americans have the right to reasonable privacy General Welfare Education Reason why Court has Limit Public Utilities (Rates) struck down attempts to arrest for bedroom activity : Abortion Sodomy Homosexuality

Freedom and Security of the Citizens and their Homes

The 13 th Amendment Ends Slavery Can not force someone to work (Except Prisoners) 1918 Court Rules that the Draft is not Slavery

nd 2 Amendment The Right to Own Weapons for Militia Allows States to Restrict

NRA (National Rifle Association) Lobbies for Gun Rights

Protection from Illegal Searches and Seizures rd th 3 and 4 Amendment (Get out the Paul Revere Toy Set for 3 rd)

rd 3 Amendment Prohibits the Quartering of Soldiers in your home Is this amendment relevant today?

4 th Amendment Protects Against Unreasonable Searches “Search Warrants”

Search Warrants Require “Probable Cause” Not needed if evidence is in plain view

Automobiles “Probable Cause that there is evidence of a crime within” Allows Police to Search

Exclusionary Rule Evidence obtained illegally can’t be used in court Read Weeks v. United States

Courts have ruled that Drug Testing is a reasonable search in cases of public safety Airline Employees etc.

“Wiretapping” Legal with a Warrant More Freedom given recently to FBI, CIA due to Recent terrorism

Due Thursday Make up Wednesday Night at 10 pm ch. 4

Essay 1. the quality of the program 2. the case presented both have intro and conclusion for quality 3 areas the program was strong/weak, thesisoverall strong or weak for case discuss search warrants, right to a lawyer, gun w/o license thesis – she got what she deserved or the sentence was too light for absent #1 same #2 choose 3 issues

Articles Take a Minute to Answer These Questions : If the police illegally obtain evidence that can prove somebody murdered someone else should the evidence be thrown out (Exclusionary Rule) or should it be kept to rid the world of a murderer. Put yourselves in the shoes of the victim’s spouse.

Text 17 Due

Should a government agency FAA be able to drug test employees at random? Should all professions be able to drug test as a requirement to obtain employment?

Writ of Habeas Corpus Right to be put in front of a judge while being held by police Can be suspended in time of War

Ex Post Facto Can’t be punished for a crime after the law has been passed. Applies to sentencing as well.

Grand Jury 16 -23 people 12 must agree to issue an indictment. Indictment = Formal Accusation (Federal Cases) State Prosecutor Swears to Evidence

Speedy and Public Trial Quick (100 days) and Public but limits can be put on so it is not too public TV denied if puts fairness in jeapordy

Trial by Jury 12 some States 6 Unanimous Should it be Unanimous?

Right to an Adequate Defense Must be informed of right to an attorney and right to be provided an attorney if one can’t provide their own

Self-Incrimination Plead the 5 th (Don’t have to testify against self) Defense doesn’t have to prove innocence, prosecution must prove guilt beyond reasonable doubt.

Project # 3 Find someone doing something illegal Turn them in When they get arrested=10 bonus points Then interview them for 20 pts

Real Project 2 Small Poster which discusses a major issue deal specifically with one of the constitutional amendments.

Punishment

th 8 Amendment “Bail must equal to the seriousness of the crime”

Why do we allow bail? Innocent until proven guilty Difficult to prepare defense from prison

“Preventive Detention” Those accused of serious felons can be held without bail if there is good reason to believe he/she will commit another serious crime

Why would some argue in favor of Preventive Detention ? Why would some argue against Preventive Detention ?

Cruel and Unusual Punishment 8 th Amendment Forbids 14 th (States)

Delaware ends Whipping in 1967

Is Death Penalty Cruel and Unusual ? Supreme Court has ruled that it must involve death Must allow exam of circumstances so mandatory death can’t be attached to a law

Treason only crime in Constitution War against the U. S. Aiding the Enemy Later Congress has added Espionage Sabotage Attempt to Overthrow the Government

Discrimination African-Americans Native Americans Asian Americans Hispanic Americans Women + h. OMO

th 14 Amendment Equal Protection Clause “No State shall…. . deny to any person equal protection of the laws”

Reasonable Discrimination Criminals Age Certain Abilities

Rational Basis Does it reasonably help the government achieve a proper purpose Convicts men of statutory rape even when willing partner Proper Purpose : Prevent Teen Pregnancy

Strict Scrutiny Test Law must show compelling government interest to discriminate Alabama tried to give alimony only to women struck down, no compelling government interest

Jim Crow Laws Segregate society Bathrooms, Fountains, Schools, Buses etc.

Plessy v. Ferguson (1896) Permits Separate but Equal

Brown v. Board of Education (1956) Strikes down Separate but Equal Desegregation of Schools

1964 Civil Rights Speeds Process No Federal $$$ for Racist States

De Facto Segregation Natural Segregation “What can be done? ”

Sex Discrimination Not a clear as race Certain Jobs (Prison Guard) The Draft

Civil Rights Act of 1964 Equal Access to Public Accommodations No Discrimination Federal $ Involved Employers and Unions no discrimination race, color, religion, sex, disability, age

Civil Rights Act of 1968 Selling or Renting of Homes must be equal

Text 21 Due 22 Tomorrow

Affirmative Action Reverse Discrimination

Text 22 Due

Citizenship granted to all born in the U. S. or born to parents that are citizens of the U. S.

Naturalization Becoming a citizen Apply to INS Tests and Oaths (English, History) 5 years in the U. S.

Loss of Citizenship Expatriation (renounce) Denaturalization (court order) fraud or deception

Immigration Regulated by Congress First Choice Family, Special Talent, Refugee Last Choice Criminal Activity

INS can deport Illegal Entry

Millions (10? ) Undocumented Ailens Sneak In Outstay Welcome

Test Tomorrow

1. True or False The Supreme Court often accepts claims of “Cruel and Unusual Punishment”

True or False In Rhodes v. Chapman the Supreme Court ruled that putting two in a prison meant for one was “Cruel and Unusual Punishment”

What is the only crime defined in the Constitution?