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Us govt ch 20 civil liberties: protecting individual rights
Terms in this set (62)
The constitutions guarantee that the government must ask fairly in accord with established rules. It may not act unfairly arbitrarily or unreasonably. The due process limit is placed on the federal government in the fifth amendment and on state and local government's in the 14th amendment: government cannot deprive any person of life liberty or property without due process of the law.
Procedural due process
Has to do with the how: the procedures, methods of governmental action
Substantive due process
Has to do with the what: the substance, the policies of governmental action
The authority of each state to act to protect and to promote the public health safety morals and general welfare. In other words the power of each state to safeguard the well-being of its people
Schmerber vs California: 1966. Police Officer had directed a doctor to draw blood from a drunk driving suspect. Court said the blood sample was drawn in accord with acceptable medical practice; the officer had a reasonable grounds to suspect the driver was drunk; officer taken time to secure a search warrant.
A court order authorizing a search
Examples of due process
Rochin versus California 1952: Roche and was a suspected narcotics dealer. Police force their way into his home after a tip. Police stop hills on the nightstand which Roche and then quickly swallowed. Police took him to the hospital and had his stomach pumped and found that the pills contained morphine. He was then prosecuted for violating narcotics laws. Supreme Court held that the deputies violated the 14th amendment.
Pearce versus Society of sisters 1925: Oregon had a new law requiring people to attend public schools between the ages of eight and 16. Law was written to destroy private schools. Roman Catholic order of the sisters ascites challenge the lost constitutionality. Law violated the 14th amendment stupor assess clause because it unreasonably interferes with the liberty of parents to direct the upbringing of the education of their children.
Examples of the overriding importance of protection of the public
To promote health states limit the sale of alcohol and tobacco; require the vaccination of school age children
To promote safety: regulate the caring of concealed weapons and require seatbelts
To promote morals: regulate gambling and outlaw the sale of a scene material and prostitution
To promote general welfare: States make education laws and provide help to medically needy and limit profits of Public utilities.
Roe vs Wade
The most controversial application of the right to privacy. 1973 the Supreme Court struck down to Texas law that made abortion a crime except when necessary to save a life of the mother.
Supreme Court says that the 14th amendment protects the woman's right to privacy: her right to determine whether or not she will terminate a pregnancy
In the first trimester a state must recognize a woman's right to an abortion
In the second trimester a state can regulate how when and where abortions can be performed but not prohibited
Final trimester: state can choose to prohibit all abortions except those necessary to preserve the life and health of the mother
Why has a Supreme Court not defined due process exactly
Justices do not see due process as absolute and unyielding rather they feel it is relative and should be decided on a case-by-case basis
How do you procedural due process and substantiative due process differ
Procedural refers to the how or the procedures and methods of government action and substantiative refers to the what or the substance and policies of government action
What is the police power reserved for to the states
Authority to protect and promote public health and safety morals and general welfare.
What is the relationship between the police power and due process of law
When using police power to protect society states cannot violate the due process rights of individuals
Is it proper for a state to use its police power to protect and promote morals among its citizens?
Yes, protection of morals falls within the state police power or no, the right of privacy limits the right of government to deem actions as a moral
The right to privacy is not found in the Constitution. How did justice Brendels define the right of privacy?
The right to be left alone
Do you think a constitutional amendment is needed to guarantee and individuals right to privacy? Why or why not?
Some may believe that the right is already protected sufficiently through the Supreme Court ruling's. Others may feel that amendment is necessary in order to protect individuals rights especially with the advent of additional technology that we have today
The 13th amendment section 1 prevents forced labor.
And 1867 federal law call the Anti peonage act. Makes it a crime to for someone to work for another in order to fill a contractor satisfy a debt. The Supreme Court has struck down state laws making it a crime for any person to fail to work after having received money or other benefits promising to do so.
There is a difference between involuntary servitude and duty. Four instance the draft is a duty and must be for filled.
13th amendment section 2. Discrimination is prejudice or unfairness. Started with civil rights cases in 1883.
Writs of assistance
The fourth amendment was designed to prevent the use of Writ of assistance or blanket search warrants with which British customs officials had invaded private homes to search for smuggled goods.
Protected in the fourth amendment. Police officers have no general right to search for evidence or to seize either evidence or persons. They must have a proper warrant that was obtained with probable cause. Probable cause is a reasonable suspicion of a crime.
Case example Florida versus JL 2000: Miami police received a tip that a teenager was carrying a concealed weapon. Two officers went to the bus stop where the tipster said the young man could be found. Please located him searched him pulled a gun from his pocket and arrested him. The court held that the police activity illegally because they did not have a proper warrant.
This role is still being refined. The rule is evidence gained as a result of an illegal search act by police cannot be used at the trial of the person from whom it was seized.
Case example weeks versus United States 1914: narcotics case where the court held that evidence obtained illegally by federal officers could not be used in the federal courts.
What does the 13th amendment guarantee
The end to slavery and involuntary servitude
How did the civil rights cases of 1883 undermined those guarantees
By allowing racial discrimination against African-Americans by private individuals
How does the fourth amendment limit government
By requiring officers to show probable cause to obtain a warrant to search for or seized evidence or a suspect
When does the fourth amendment coming to play during an arrest
When an officer has in someway restrained the liberty of citizen
What does the exclusionary rule exclude
Evidence gained as a result of the legal act by police
Does the exclusionary rule serve the interest of justice? Answer this question first as the defendant in a criminal trial and then as an arresting officer.
Defendant: yes the rule protects the accused and prevents police misconduct
Arresting officer: no the rule unreasonable restricts the ability of police officers to gather evidence to convict a guilty person
Why did the court overturned the conviction in Katz versus the United States
The police illegally tap the phone booth and which cats had a reasonable expectation of privacy
Do you agree with the courts decision in katz vs us, why or why not
Yes tapping phones as an invasion of privacy that should be illegal unless supported by a warrant.
Writ of habeas corpus
Aka: writ of Liberty. Intended to prevent on just arrest and imprisonment. Habeas corpus means you should have the body in Latin. It is a court order directed to an officer holding a prisoner and commands that the prisoner be brought before the court and that the officer show cause or explain why the prisoner should not be released.
Bill of attainder
A legislative act that provides for the punishment of a person without a court trial.
Ex post facto law
A law apply to an act committed before the passage of the law. Ex post facto is from the Latin meaning after-the-fact. And ex post facto law is a criminal law or one defining a crime and/or providing for its punishment; also applies to an act committed before its passage; and works to the disadvantage of the accused
The formal device by which a person can be accused of a serious crime. In federal cases the grand jury is a body of 16 to 23 persons drawn from the area of the District Court that it serves. The votes of at least 12 grandeurs are needed to return an indictment or make a presentment
Formal complaint that the prosecutor leave before a grand jury. Charges the accused with one or more crimes. If they find there's enough evidence to justify a trial at returns a true bill of indictment.
Formal accusation brought by the grand jury on it's own motion rather than that of a prosecutor. Rarely used in the federal courts
Most criminal charges in the states today or not brought by a grand jury indictment but instead by information or an affidavit in which prosecutor swears there's enough evidence to justify a trial
Once a person has been tried for a crime he or she cannot be tried again for the same crime. Applies in the 14th amendment
Case example: Benton versus Marilyn 1969
And if a defendant waves there right to a jury trial then a judge will hear the case alone.
A requirement the police must read a suspect his or her rights before any questioning occurs
Case example Maranda versus Arizona 1966. A mentally challenged man had been convicted of kidnapping and rape and 10 days after the crime the victim picked him out of a police lineup. After two hours of questioning the police did not tell him of his rights but he confessed. The Supreme Court struck down his conviction
What protections does the Constitution set out for people accused of crimes?
Fifth amendment: grand jury and federal criminal cases no doible jeopardy no self-incrimination
Sixth amendment: right to speedy public trial, impartial jury, adequate defense, informed of nature and cause of accusation, confront witnesses, subpoena favorable witnesses, access to a lawyer
What does a writ of habeous corpus require
That a prisoner be brought before the court and that the holding officer show cause for not releasing the prisoner
When has the writ of habeas corpus been suspended?
During the Civil War and after the Japanese attack on Pearl Harbor
What are three characteristics of an ex post facto law
Criminal law, applies to an act committed before it's passage, works to the disadvantage of the accused
Who bears the burden of proof in criminal cases
What constitutional guarantee enforces this
The fifth amendment no person can be compelled in any criminal case to be a witness against himself
What rights may come in conflict when a trial is televised
Fair trial versus freedom of the press
Should television cameras be allowed in the court room? Why or why not
No, I do not believe that Cameras should be allowed in court rooms. A trial in a criminal proceeding should be capped a private matter and is not something that should be viewed by the general public. This is in direct conflict with the constitutional amendment giving freedom of press however an individual's right in a trial should be held in high regard than that of the process.
What rights to fair trial are guaranteed by the sixth amendment?
Right to a prompt trial, right to public trial by an impartial jury, right to know charges, right to face witnesses, right to legally summon favorable witnesses, right to legal counsel.
Why has the Maranda rule been criticized and applauded?
Critics say it puts criminals back on the streets. Supporters applied reliance on independently secured evidence rather than on the coerced confessions
The sum of money that the accused may be required to deposit with the court as a guarantee that he or she will return to court at the proper time.
In 1984 Congress provided for the preventive detention of some people accused of federal crimes. A federal judge can order that the accused be held without bail when there is good reason to believe that he or she will commit another serious crime before the trial.
The death penalty. Dates back to the 18 century BC and the code of Hammurabi I the punishment has been part of American law since the colonial. And both the federal government and 33 states provide for it today.
The only crime defined in the Constitution. Article 3 section 3.
Levying war against the United States or it hearing to the enemies giving them aid and comfort. No person can be convicted of the crime of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.
How does the Constitution set limits on punishment for a crime?
The eighth amendment prohibits excessive bail and fines and for bids cruel and then usual punishment
What is the purpose of bail?
To guarantee that a person will appear in the court at the proper time.
When is the use of bail justified?
When it is not excessive
What penalties has the Supreme Court considered cruel and unusual?
Barbaric torture such as burning at the stake, crucifixion, drawing and quartering
When did the Supreme Court first hear a capital punishment case? What was the ruling in that case
1972 and Furman versus Georgia the court struck down all of the then existing state laws providing for the death penalty.
What is this two-stage process in capital punishment?
A trial to settle guilt or innocence; after conviction of proceeding to decide if the crime justifies a death sentence.
Why does the Constitution contain a specific definition of treason?
The framers knew that the charge of treason was a favorite weapon in the hands of tyrants
Why do some oppose prevetive detention? Why has the Supreme Court upheld it and with which point of you do you agree
They claim it as punishment before trial; as a legitimate response to a pressing societal problem. I agree that there are times in which a person should be held without bail. In circumstances where a particularly violent crime has occurred the person should not be allowed out to commit another crime before The trial. As well in certain cases there is the risk that a person will flee the country versus stay here to face a trial.
In capital cases who cannot be sentenced to death?
Those who are mentally challenged or under the age of 18 or delusional
Do you agree with the courts ruling that a mandatory death sentences are unconstitutional? Why or why not
Mandatory guess sentences for a particular crime do not allow the court to consider the circumstances involved in individual cases such as self-defense.
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