Page 386 Review Freedom of Speech and Press

Page 386

Review Freedom of Speech and Press Freedom of Assembly and Petition

Objectives : Explain how civic responsibilities are important to Mississippians as citizens of the United States and residents of a global setting. MS 5 Describe the roles of citizens in the state and nation. MS 5 b

Overview Right to bear Arms Property Rights of the Accused Equal Protection Under the Law

Right to Bear Arms Right to bear arms which amendment to the United States Constitution?

Does the 2 nd amendment say you have a right to shot Bambi?

nd 2 What does the Amendment say? A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

So I can have any weapon I like? 6 -pounder • What about a ? ? Abrams

• What about a ? M 16 A 1 AR-15 • What about a ?

• What about a ? P 47 P 51 • What about a ? Bazooka

What about in ? Article 3, Section 12 of the Mississippi constitution. It is unlawful in Mississippi for a person to sell, give, or lend to a minor (a person under 21 years of age) a deadly weapon that could be carried as a concealed weapon.

What do deadly weapons include? • • Knives Brass knuckles Blackjacks What is a Blackjack? Slingshots Pistols Revolvers Certain types of rifles Shotguns and machine guns

What if you bring school? to Students who take concealed weapons on a school campus or within two miles of the campus may be fined up to $300 and/or jailed up to three months.

In the state of can you have a in your car? The answer is Yes. , gun

Property Rights People have the right to be secure in their homes. In which amendment(s) to the United States Constitution do we find property rights? Freedom of speech and association. (1 st Amendment) 3 rd Amendment (soldiers in your home) 4 th Amendment (search and seizure)

Search and Seizure • Can the police go into you home anytime they wish? • No. • What do the police need? • Probable cause. • What is probable cause? • (good reason, that the search is justified)

Bank Robbery

No Shotgun Can the police get a search warrant for the house to look for the gun? Yes

What must be on the search warrant? 1. The place to be searched. 2. The person or thing to be seized.

Can the police look in the roll top desk? Look in the little drawers. Can the police take it?

Can the look under the bed? Yes

Can the police look in the back of the toilet? No

Can the look in the garage?

Can the look in the car?

If the gun is in the front seat.

Can the police search with out a search warrant? • People have the right to be secure in their homes. • There are times, however, when a reasonable search and seizure may occur without a warrant. • In practice today, warrantless searches are very common (except the searches of homes) because the courts carved out many exceptions.

Example: June 12, 1994 Orenthal James "O. J. " Simpson Nicole Brown Simpson Ronald Lyle "Ron" Goldman

Nicole Brown Simpson’s Home Brentwood, California

360 N. Rockingham Ave. in the Brentwood section of Los Angeles, CA 90049

What other times can the police enter a home without a search warrant? • Prevent the destruction of evidence. • Call to a home for domestic dispute. • Person trying to escape enters a house. • With consent.

When can they search your car? • With consent. • If an officer is in “hot” pursuit of a criminal in a vehicle. • Probable cause.

If the police stop you can they ask for the identification of all the people in the car? • After September 11, 2001, yes. • The police can hold you until identification is made.

Public School Searches • Schools, military bases, and prisons are special use places. • The United States Supreme Court has granted school authorities broad discretion to search students and their possessions in several situations.

What does a school authority need to do a search? • School authorities do not need probable cause, all they need is reasonable suspicion. • School authorities must believe that a search will turn up evidence that the student is violating either school rules or the law.

If the school authorities are going to search you or your car how will they do it? • Call you in and ask. • They will have someone with them to witness the search. • If something is found that violates the law it will be hand over to the police.

Eminent Domain • There are times when private property must be taken by the government for public use. • ". . . nor shall private property be taken for public use, without just compensation” The 5 th Amendment • If a fair price cannot be agreed upon, the issue must be settled in court.

Rights of the Accused How is our system of justice different from that in most of Europe? According to the law in the United States, a person is considered innocent until proven guilty.

Due Process • Due process refers to the rules established by courts to protect a person’s rights. • Due Process is found in the 5 th and 14 th Amendments. • The requirements of due process vary with the situation, but they basically require notice and an opportunity to be heard.

Order I will cover the next topic in the order that it should happen.

2 ways to place a person under arrest. 1. First is a arrest warrant. 2. Second is when there is probable cause.

What is arrest? To take a person suspected of a crime into custody. It is covered under the 4 th Amendment. (seizures must be reasonable) When is a person under arrest? When a reasonable person would not feel free to leave at that point you are considered to be under arrest, whether or not you have been told that.

How much force should a police officer use? Use as much physical force as is reasonably necessary to make the arrest. Pepper Spray

Rodney King, who was on probation for robbery and had been drinking, led them on a high –speed chase.

When the police office has you under arrest do they have to read you the Miranda rights? Yes and No

If you are stop by a police officer in your car, are you under arrest? • If you can not leave you are under arrest. • So, yes you are under arrest.

When you are pull over and the police officer gives you a ticket, is that a good thing? Yes What should happen after an arrest is made?

Booking After the arrest, the accused is taken to the police station for booking. Booking is making a record of the arrest. Usually fingerprinted and photographed. The police are allowed to take fingernail clippings, handwriting specimens, blood samples and urine tests.

Initial appearance before a judicial officer. A person cannot be held in custody indefinitely without being charged with a crime. A writ of habeas corpus is a court order requiring that a person being held be brought before the court to determine if that person is being held lawfully.

Writ of Habeas Corpus A writ of habeas corpus cannot be suspended unless, during a rebellion or invasion, the public safety requires it. It cannot be suspended by the governor of Mississippi without the approval of the legislature.

At the initial appearance. • Judge explains the defendant’s rights. • Judge advises the defendant of the exact nature of the charges. • The defendant may have an attorney appointed at this time or he/she is given the opportunity to obtain one. • Misdemeanor cases a plea is entered. • Judge decides whether the defendant will be released from custody, the judge can also set bail at this time.

Bail Until the court date, a person can be released on bail. What is bail? Bail is an amount of money deposited with the court by the accused to guarantee that he or she will appear in court. Federal and state laws require that bail be reasonable. (8 th Amendment) In Mississippi, accused persons may be released by depositing 10 percent of bail cost. the

Other options. Release on personal recognizance. (14%) Custody of a third party. Electronic Monitoring. Detained until case disposition. (43%) Denied bail (6%) Pretrial Release and Detention Statistics

Preliminary Hearing (evidentiary hearing) More than half the states have a preliminary hearing. (Mississippi included) To determine whethere is enough evidence to require a trial. The prosecutor is required to establish that a crime probably has been committed and that the defendant probably did it.

Grand Jury A grand jury is a group of people (16 to 23) appointed by the court to determine if enough evidence exists to issue an indictment (formal charges) against the accused person. 5 th Amendment requires a grand jury indictment before serious crimes are tried in federal courts. Mississippi uses both a preliminary hearing and a grand jury.

Felony Arraignment and the Pleas. After Grand Jury issues an indictment, the defendant is required to appear in court to enter a plea. Nolo contendere is plea in which the defendant does not admit guilt but also does not contest the charges. (Equivalent to pleading guilty but evidence cannot be used in a later civil trial. )

The Trial Right to trial by jury. (6 th Amendment) State and federal law also protects an accused individual from selfincrimination. (5 th Amendment) Right to a speedy and public trial. (6 th Amendment) Right to confront witnesses. (6 th Amendment)

Verdict Not guilty verdict – is normally the end of the case. An accused cannot be tried twice for the same crime (called double jeopardy). A guilty verdict – followed This thenprovision by sentencing. only applies The defendant can appeal. after an actual acquittal (a not If a jury cannot reach a decision guilty (called a hung jury), another trialverdict). Film made can be held. in 1999.

Punishment Once a person is convicted, the punishment must fit the crime. Both the 8 th Amendment to the United States Constitution and Article 3, Section 28 of the Mississippi constitution prohibit excessive fines and cruel and unusual punishment. The death penalty (by lethal injection) is allowed in Mississippi.

14 th Amendment 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.

Review Right to bear Arms Property Rights of the Accused Equal Protection Under the Law

Homework Read pages 390 to 397