Civil Liberties Protecting Individual Rights and Rights at
Civil Liberties Protecting Individual Rights and Rights at Trial
I. I. Civil Liberties -- Protection from the Government. (1 st and 14 th Amendment) A. Rights are relative, not absolute. 1. All persons have the right to do as they please as long as they do not infringe on the rights of others. 2. When rights do come into conflict a) Freedom of press vs. right to a fair trial b) Sheppard v Maxwell (1966) -Supreme Ct. ordered new trial because the courtroom was like a circus.
II. 1 st Amendment A. Freedom of Religion 1. Establishment Clause -- Separation of Church and State a) b) c) d) e) f) g) Everson v Bd. Of Ed. (1947) -- public busing allowed for parochial schools. Engle v. Vitale (1962) -- outlawed the use of prayer during school. Abington Sch. Dis v Schempp (1963) -- outlawed the use of Lord’s Prayer and Bible passages in school. Stone v Graham (1980) -- Can not post Ten Commandments in schools. Wallace v Jaffree (1985) -- “moment of silence” for prayer or meditation not allowed. Lee v Weisman (1992) -- no prayer at school graduations (on school grounds) Santa Fe Independent Sc. Dis v Doe (2000) -- No student led prayer allowed before football games.
II. 1 st Amendment Cont. B. Freedom of Speech/Press 1. 2. 3. 4. Forms of expression not covered by the Constitution: Libel -- false and malicious use of the printed word Slander -- false and malicious use of the written word (Oral) Obscene words or words that prompt others to commit a crime a) 5. Protected Symbolic Speech a) C. Sedition -- Crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts. (Espionage Act 1917; Smith Act 1940) Picketing, Flag Burning, Cross Burning Freedom of Assembly 1. 2. 3. Demonstrations -- Government can regulate time, place, and manner but not what might be said. Madison v Women’s Health Services (1994) -- access to abortion clinics cannot be blocked. Hill v Colorado(2000) -- limits “sidewalk counseling” and sets up buffer zones at Abortion clinics.
III. Due Process • A. Due Process -The Government must act fairly and in accord with established rules in all it does. (5 th through 14 th Amendments)
III. Due Process Cont. B. Double Jeopardy (5 th Amendment) -- no person can be tried for the same crime twice. 1. Exceptions: a) b) c) d) C. Violation of both federal and state law -- case can be tried in both federal and state court. Single act results in commission of several different crimes (useful when prosecuting organized crime) Hung jury -- no verdict can be reached, case will be retried Case appealed to a higher court (order to retry) Self incrimination (5 th Amendment) -- no person can be compelled in any criminal case to be witness against himself. 1. 2. 3. 4. 5. 6. 7. Burden of proof is on the prosecution “taking the fifth” -- refusing to answer because it may harm you. Courts determine when the right can be invoked. Contempt of court -- obstructing the lawful process of government Ashcraft v Tennessee (1944) -- Supreme Ct. threw out a confession because it was obtained under duress. Escobedo v Illinois (1964) -- Confession can not be used if it was obtained by police who refused to allow the defendant a lawyer. Immunity -- protection under the law that what you say cannot be used against you.
III. Due Process Cont. D. Miranda v Arizona (1966) -- defendant must be told of their constitutional rights. 1. Miranda Rule a) b) c) d) e) 2. You have the right to remain silent Anything you say may be used in court You have the right to an attorney during questioning If you can’t afford an attorney, the court will appoint one to you at the public expense. You may end police questioning at any time. Miranda rights need to read if both of the following are relevant: a) b) Person must be in custody Person must be asked incriminating questions
IV. Rights of a person at Trial A. Speedy Trial -- 6 th Amendment 1. 2. Speedy Trial Act of 1974 a) Federal -- 100 Days b) State -- 270 Days c) Exceptions: mental tests, defendants key witnesses are too ill d) Trial cannot be too speedy -- must be given enough time to prepare the case e) Continuance -- request by defendant to get more time to prepare. Public Trial -- 6 th Amendment a) Right to be tried in Public b) Judge can limit the spectators c) Judge can clear courtroom: a) Testimony is embarrassing b) Spectators are too loud d) TV is barred from federal courtrooms but allowed in state courtrooms.
IV. Rights of Person at Trial Cont. C. Trial By Jury -- 6 th Amendment 1. 2. 3. 4. D. Jury must be drawn from the State and district where the crime took place. Change of venue -- trial moved to another location to unsure a fair trial. Judge decides if change is justified Impaneling the jury -- choosing the jurors, both prosecution and defense must agree. Right to adequate defense -- 6 th Amendment 1. 2. 3. 4. Must know charges against you Have the right to know witnesses against you and question them Allowed to obtain witnesses in your favor (can be forced to attend) Have the right to an attorney a) b) Gideon v. Wainright (1963) == person must be given an attorney in all federal and state courts for felonies even if they can’t afford one. Public defender -- Court appointed lawyer.
V. 7 th and 8 th Amendments • 7 th – Rights to a jury trial in a civil case. • 8 th – No excessive bail, no cruel and unusual punishment.
VI. 14 th Amendment • Provides equality for all citizens. • Provided that state governments must follow previously passed amendments.
VI. 14 th Amendment Cont. A. Hernandez v. Texas (1954) 1. Extended the protections of the 14 th Amendment to other racial minorities.
VII. Rights of Person at Trial Cont. E. Court Procedure -- Plaintiff always goes first 1. 2. 3. 4. 5. 6. 7. Jury Chosen Opening Statement -- each side explains their case. Direct examination -- lawyer questions person he has called on his behalf. Cross examination questioning a witness who has testified for the opponent. Closing argument -- sum up and interpret the case. Foreman -- member of the jury who leads the discussion during deliberations. Acquitted -- not guilty verdict
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