Due Process Civil Liberties Protecting Individual Rights Chapter

Due Process Civil Liberties: Protecting Individual Rights Chapter 20 Section 1

What is Due Process? n n The government must act fairly and in accord with established rules. It must use fair procedures. Generally, due process guarantees the following (this list is not exhaustive) n Right to a fair and public trial conducted in a competent manner n Right to be present at the trial n Right to an impartial jury n Right to be heard in one's own defense Laws must be written so that a reasonable person can understand what is criminal behavior

Amendments 5 & 14 n n 5 th Amendment n Trial and Punishment, Compensation for Takings. Ratified 12/15/1791. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. n www. usconstituion. net n 14 th Amendment Citizenship Rights. Ratified 7/9/1868. Note History 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws….

Procedural Due Process Substantive Due Process n n n The fair methods of government action Basic function is to provide "an opportunity to be heard. . . at a meaningful time and a meaningful place, " promoting fairness The right to be heard, not the right to prevail n n n Fair policies of government action General rights that reserve to the individual the power to possess or to do certain things, These are rights like freedom of speech and religion

States n n n Power to protect and promote: Health – combat pollution, regulate liquor and tobacco, mandatory vaccinations. Safety – seatbelt laws, drunk driving laws, concealed weapons. Morals – gambling, prostitution, obscenity General Welfare – education laws, regulate public utility, assist the medically needy The power is called Police Power and the state can not use it in violation of due process.

Civil Liberties Chapter 20 Section 2

What are civil liberties? n n n n Basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include: Freedom of speech The right to privacy The right to be free from unreasonable searches of your home The right to a fair court trial The right to marry The right to vote

n n Civil liberties are our natural rights, such as freedom, equality and pursuit of happiness, Civil liberties help restrain the power of the government to dictate how we behave. This ensures that our daily life is not interrupted by authoritative figures that may just try to intentionally cause harm. Civil liberties contribute to the protection of our personal choices, such as the right to abortions. The Bill of Rights is important to civil liberties because it does not allow the government to govern our personal lives.

What are Civil Rights? n n n “Civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics They protect from discrimination and promote equal rights Race, gender, disability, in settings such as employment, housing, schools etc.

Related Amendments n n n n n 1 st - Freedom of Religion, Press, Expression 2 nd - Right to Bear Arms 3 rd - Quartering of Soldiers 4 th - Search and Seizure 5 th - Trial and Punishment, Compensation 6 th - Right to a Speedy trial, Confrontation of Witnesses 8 th - Cruel and Unusual Punishment 13 th - Slavery Abolished 14 th - Citizenship Rights

n 2 nd Amendment n n n Protects the right of each State to keep a militia. Protects citizen soldiers. It DOES NOT guarantee the right of individuals to keep and bear arms. Each State can create its own limits on the right to keep and bear arms. n n 3 rd and 4 th Amendments Guarantee that the government cannot disturb people or their homes without good reason. 3 rd – Forbids the unlawful quartering of soldiers in private homes. Britain used to keep soldiers in private homes To date, there has never been a court case regarding this amendment

4 th Amendment n n n Prevent the use of writs of assistance, blanket search warrants Police must, in most cases, have a search warrant after proving to a judge that they have probable cause to suspect a crime. There are occasions when police do not need a search warrant n n n Evidence of a crime may move The police witness the crime Evidence is in plain sight A crime is in progress Reasonable suspicion Probable cause

Taking the 5 th n n n The exclusionary rule, states that no object may be used in court as evidence if obtained illegally or without a proper search warrant. This principle gained its constitutional roots back in 1921 in the case of Gouled vs. United States -This Supreme Court held that although the government could seize contraband, it could not seize property simply to use as evidence. There are certain cases where evidence from warrant-less searches 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 solve crimes, from violating the civil liberties of American citizens. Warrants can only be issued by judges if there is "probable cause" to believe that evidence of wrongdoing will be found. Warrants must 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 found in the place indicated. They maintain that our civil liberties must be protected above all else.

Mapp v. Ohio, 1961 n n n Police entered and searched Dollree Mapp’s home looking for gambling paraphernalia. They only found pornography The case of overturned because the evidence was obtained without a warrant.

13 th Amendment n n n Slavery Abolished. Ratified 12/6/1865. History 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation.

n Until the 13 th Amendment, in 1865, states could decide for themselves whether to condone involuntary servitude, slavery n The military draft is not involuntary servitude

Relevant Court Cases n Jones v. Mayer, 1968 Jones sued Mayer because he refused to sell him a house in a white-only neighborhood. The Court backed Jones, using the 13 th Amendment – “shall have the same right, in every State…” n Runyon v. Mc. Cray, 1976 An all white private school refused to admit 2 black children The court sided with the children because the school advertised to the public, therefore, must be equally accessible regardless of race

Mistakes n n n The Court has generally allowed evidence if there are errors in the warrant. If the warrant says “auto pants” instead of “auto parts” If the evidence would have been discovered without a warrant Good faith conclusions by police, thinking the warrant was good when it was not valid When police make an “honest mistake”

Drug Testing n n Employees may be subject to mandatory drug testing Students may also be made to submit to drug testing if they participate in extracurricular activities and it is random Wire Tapping n n Courts normally protect an individual’s right to privacy To use information learned from bugging and individual, a search warrant must be used.

Recent Civil Liberties Court Cases n Baze v. Rees Relevant Text: Eighth Amendment n Snyder v. Louisiana Relevant Text: Fourteenth Amendment The Big Question: Does execution by lethal injection, as it is currently practiced today, constitute cruel and unusual punishment? The Big Question: Did prosecutors violate a black defendant's right to due process by excluding the only black jurors from a jury pool under suspicious circumstances? The Big Answer: No. In a 7 -2 ruling, the Court held that use of the three-drug lethal injection cocktail does not constitute cruel and unusual punishment. The ruling effectively ended a national moratorium on lethal injection that began with the botched Florida execution of Angel Diaz in December 2006. The Big Answer: Yes. In a 7 -2 ruling, the Court held that a Louisiana prosecutor's successful attempt to create an all-white jury by excluding black jurors--most egregiously, excluding an otherwise available and uncompromised black college student on the basis that he "appeared nervous"--violated the equal protection clause.