Citizenship and Equal Justice Chapter 14 Sneak Peek

Citizenship and Equal Justice Chapter 14

Sneak Peek at Chapter • U. S. citizens enjoy many rights and liberties – Protected by the Bill of Rights and the Constitution – Aliens’ enjoy many of the same rights and liberties as citizens • However, citizenship also comes with responsibilities • This chapter will focus on the benefits of citizenship and the responsibilities that come with them.

A Nation of Immigrants Section 1 • Waves of Immigration throughout U. S. history • Alien: person living in a country in which they are not a citizen – Many enter with proper authorization (passport, visa, etc. ) • http: //www. harbottle. com/hnl/pix/large. Image/Immigration. jpg – Those who do not are known as illegal aliens

Aliens Rights • Legal aliens have many of the same rights and responsibilities as U. S. citizens – Protected by Bill of Rights • Exceptions: – Cannot vote – Often exempt from military and jury service – Movement is restricted • Must report plans to change residence

Controlling Immigration • Congress has power to restrict immigration • Late 1800’s- early 1900’s – High immigration – Congress began to restrict certain groups • Asian, handicapped, very poor • 1924: Johnson Act: set up a system of quotas – Specific numbers allowed from each country – W. European nations were allowed higher rates of immigration – Led to an 80% decrease in immigration

Chinese Exclusion Act http: //www. beaconschool. org/~jchin/immigration/Chinese. Exclusion. Act. Handbill. jpg

http: //whyfiles. org/200 immigration_pop/images/us_im. gif

Immigration Today • Immigration is a HOT topic today – Illegal immigration from Latin America – Terrorist threats • Many politicians have been pushing for tougher restrictions on immigration • What is your position on immigration?

Fish Bowl Discussion on Immigration • Evaluate the pros and cons of immigration – How might it be good? – How might it be bad? • Decide which side you are on and prepare an argument for or against immigration. • We will have a Fish Bowl discussion in class in which you will share your views with the rest of the class.

The Basis of Citizenship Chapter 14, Section 2

Citizenship • Citizen: member of a political society or nation • Duties of citizenship: – – – – Obey laws Vote Be informed Military service Loyalty to country Pay taxes Etc.

What is a citizen? • Originally, states determined who would be citizens of their state, and thereby citizens of the U. S. – Not all people were considered citizens • African Americans and Native Americans were denied citizenship

What is a citizen? • 1868: Congress ratified the 14 th Amendment – Defines citizenship as a person who is either born in the U. S. or naturalized in the U. S. – Naturalization: legal process by which a person gains citizenship • 14 th Amendment provides protection for all citizens under the law

How to become a citizen? • 3 ways to gain citizenship – Born in the U. S. – Naturalization – Child of American citizens • With some restriction • See page 393

Naturalization • Qualifications for naturalization – – – – Enter U. S. legally Good moral character Swear allegiance to the U. S. Read, write, speak English Knowledge of U. S. history and government 18 yrs. Old Live in U. S. for 5 years-can begin process after 30 months (3 years-18 months if married to American citizen) • 3 mo. Resident of state from which the petition for naturalization is filed • Cost Money • Quotas

Naturalization • People undergoing process of naturalization will – Be investigated for moral character – Undergo a hearing – Take a citizenship test • Those who are considered suitable will swear an oath of loyalty to the U. S. as U. S. citizens

Collective Naturalization • Congress can declare entire groups of people as citizens – Known as Collective Naturalization – Examples • 1803: Louisiana Purchase – Congress declared those people living in the territory as citizens • 1924: declared Native Americans as citizens

Loss of Citizenship • Congress can take away citizenship as well • 3 ways to lose citizenship – Expatriation: give up citizenship by moving to another nation and becoming a citizen – Punishment of a crime • Treason, revolution, etc. – Denaturalization: fraud during the naturalization process

Rights of the Accused Chapter 14, Section 3

Crime • Govt. duty is to maintain order • Citizens’ duty is to obey laws – However, crime does exist • Govt. must be able to provide stability while also protecting citizens’ rights

4 th Amendment • When suspected of a crime, police will need to collect evidence • 4 th Amendment: guarantees protection against unreasonable search and seizures of evidence

4 th Amendment • In order for officers to legally search your home – Must present a warrant • Issued by court • Must be able to demonstrate probable cause – Based on evidence

4 th Amendment • Exceptions- warrants are not needed when: – Life-threatening situations occur – Police are witness to illegal activity – Police may search garbage that has been placed on the curb for collection by the sanitation department – Do not need a warrant to search vehicles during a routine traffic stop if they suspect illegal activity

4 th Amendment • Exclusionary Rule – Evidence that is obtained illegally may not be used in a court • Recently, this rule has been relaxed in certain situations – If a warrant is ruled invalid, evidence collected may still be used if it was collected in good faith • Court will examine evidence to determine whether or not to allow it

4 th Amendment in High Schools • Students are not guaranteed the same rights under the 4 th Amendment – School officials do NOT need a warrant to search a student • New Jersey v. T. L. O (1985) – Drug testing is not considered an invasion of privacy in schools

th 5 Amendment

Rights of the Accused • When accused of a crime, it is important to know your 5 th Amendment rights – Right to indictment by grand jury – Protection against double jeopardy – Protection against selfincrimination

5 th Amendment • When accused of a crime, evidence will be collected and presented to the court for review – Court will examine to determine if there is enough evidence to put person on trial – If so, person will be indicted and put on trial – If not, case may be dismissed

5 th Amendment • 5 th Amendment also protects against double jeopardy • Double Jeopardy: can’t be tried twice for the same crime – Protects us from repetitive trials for the same crime

Double Jeopardy • Things to be aware of: – Some acts involve many different crimes, and a person may be tried separately for each – Double Jeopardy protects against trial of the SAME crime not the same type of crime • Ex. Bob was found not guilty of robbing a convenience store, 2 years later he was put on trial for robbing a bank and was found guilty

Self-Incrimination • 5 th does not require a person to be a witness against him/herself • Protects against confessions made under coercion, force, or violence • 2 major cases: – Escobedo v. Illinois – Miranda v. Arizona

Escobedo v. Illinois • 1964: Supreme Court overturns a murder conviction – Accused had been arrested, held for hours and questioned w/o legal council – After hours of interrogation, made incriminating statements that were used against him in trial – Court ruled that he made the statements under coercion and was not aware of the danger his statements had put him in

Miranda v. Arizona • 1966: Supreme Court reversed conviction of Ernesto Miranda b/c he was unaware of his legal rights – Made a confession w/o being told that the 5 th protects against self-incrimination – Court felt his confession was inadmissible in court

Miranda Rights • Court set down strict requirements for the Miranda Rights – Police must read to accused before questioning – Informs the accused of their 5 th and 6 th Amendment rights • Legal Council is essential in avoiding self-incrimination

Miranda Warning • “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? ”

th 6 Amendment

Right to Legal Counsel • 6 th Amendment: guarantees right to fair, speedy trial and right to legal counsel • A trial is fair when: – It is open to the public – Jury of impartial peers – Defendant is able to hear the evidence against him/her – Accused is able to defend him/herself and present evidence in his/her own favor – Trial takes place in a speedy manner

Speedy trial • It is in everyone’s best interest for a trial to take place soon after the charges are filed – As time passes, evidence is lost and memories fade

Right to Legal Counsel • 6 th Amendment guarantees right to an attorney – People who can afford it will have better representation – State will appoint a lawyer to those who can’t afford one • Originally, states were not required to provide a lawyer

Right to Legal Counsel • 1942: Betts v. Brady – Supreme Court ruled that cases dealing with punishment less than the death penalty do not require legal counsel • This case was the standard for legal counsel until the Gideon v. Wainwright case

Gideon v. Wainwright • 1963: Supreme Court overturns conviction of Gideon – Accused was charged with a felony after a pool hall break in – Too poor to hire a lawyer – Was refused legal counsel and forced to represent himself – He was convicted and sentenced to 5 yrs. In jail – While in jail, he began to read about his rights – Petitioned the Supreme Court

Gideon v. Wainwright • Supreme Court agreed to hear Gideon’s case – He was acquitted of charges due to his lack of legal counsel • Major, landmark case b/c Supreme Court ruled that everyone facing a jail sentence of 6 months or more has a right to legal counsel – If you can’t afford one, state must provide a lawyer for you

8 th Amendment • Excessive bail and excessive fines are not permitted – Bail is returned at the end of a trial • Bonds – If the accused are a “no show”, bail is forfeited • Cruel and/or unusual punishment are not allowed

14 th amendment • Rights of citizens • No state shall deprive anyone of life, liberty, and/or property without due process of law – Proper procedures must be followed • Everyone is guaranteed equal protection of the laws

9 th Amendment • People’s rights are not limited to those mentioned in the U. S. Constitution

10 th Amendment • This amendment is a check on the elastic clause (necessary and proper clause) • Powers that are not specifically granted to the federal government are reserved to the states • Protection from an allpowerful federal government