Government: Civil Liberties (Chapter 20)
How does the Constitution protect the freedom and security of the person? (section 20.2)
- 13th Amendment outlaws slavery and many forms of involuntary servitude. - 2nd Amendment protects the right to bear arms. - 4th Amendment protects against unreasonable searches and seizures
Summarize the constitutional provisions designed to guarantee security of home and person. HOME SECURITY (section 20.2)
- 3rd AMENDMENT: forbids soldiers from being housed in private homes without the owner's consent except in wartime. - 4th AMENDMENT: was adopted to prevent the use of blanket search warrants to search private property. - This same right is provided by each state constitution and is applied to the states by the 14th Amendment.
Explain the meaning of due process of law as set out in the 5th and 14th amendments. (section 20.1)
- 5th Amendment prohibits the federal government from depriving any person of "life, liberty, or property, without due process of law." - 14th Amendment extends this prohibition to all state and local governments and extends most of the protections of the Bill of Rights to the states.
"Taking the 5th" (Section 20-3)
- 5th Amendment protects people from being forced to incriminate themselves. - Don't say anything to not incriminate self
5th Amendment (Section 20-3)
- 5th Amendment says that no person can be tried twice for the same crime.
Speedy and Public Trial (Section 20-3)
- 6th Amendment grants the right to a speedy and public trial. - To determine if a trial was delayed for too long, the Court looks at the length of the delay, the reasons for it, whether the delay hurt the defendant, and whether the defendant asked for a speedy trial. - Too much publicity can harm the fairness of a trial. - Federal trials may not be televised but state trials can.
How does the Constitution set limits on punishments for crime? (Section 20-4)
- Constitution prohibits excessive bail for accused people awaiting trial. - 8th Amendment bans cruel and unusual punishment. - Supreme Court has set limits on the forms of execution allowed by the 8th Amendment.
D.C. v. Heller, 2008 (section 20.2)
- Court ruled in 2008 that ownership of handguns for self-defense cannot be banned, though their sale and possession can be regulated in some cases for public safety.
Gideon v. Wainwright, 1963 (Section 20-3)
- Court ruled that an attorney must be provided to a defendant who cannot afford one. - Gideon wrote to the Supreme Court to appeal his conviction.
Terry v. Ohio, 1968 (section 20.2)
- Decision by Supreme Court saying 4th Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous.
Why is the concept of due process important to a free society? (section 20.1)
- Due process forces the government to act in a just and fair way toward all citizens, enforcing all laws in an equal fashion. - Due process also requires the nation's laws to be fair, without unjust prejudice toward any group.
Examine the right to an adequate defense and the guarantee against self-incrimination. (Section 20-3)
- Ensuring adequate defense (right to have a lawyer represent you) prevents person from self-incriminating themselves for a crime.
Legal counsel/adequate defense (Section 20-3)
- Every person accused of a crime has a right to the best possible defense under the circumstances. - 6th Amendment says that a defendant has the right: To know the charges against him or her To confront and question witnesses To subpoena witnesses To have counsel for his or her defense
Trial by jury (Section 20-3)
- Federal crimes and serious state crimes are tried by jury. - Most juries have 12 members, but some have as few as six. Jury members must be drawn from a cross section of the community where the crime occurred. - defendant can waive the right to a jury trial and be tried by a judge alone.
Explain the intent and application of the 2nd Amendment's protection of the right to keep and bear arms. What did D.C. Heller determine about the application of the 2nd Amendment? (section 20.2)
- For many years the Court rejected the individual right to bear arms and upheld laws that banned some firearms. - Court ruled in D.C. v. Heller, 2008 that ownership of handguns for self-defense cannot be banned, though their sale and possession can be regulated in some cases for public safety.
Outline how the right to a grand jury and the guarantee against double jeopardy help safeguard the rights of the accused. (Section 20-3)
- GRAND JURY: jurors hear only evidence against the accused. If at least 12 agree there is enough evidence, the case goes to trial. Otherwise the charges are dropped.
Determine what constitutes a fair trial by jury. (Section 20-3)
- Guaranteed by 6th Amendment -Most juries have 12 members, but some have as few as six. - Jury members must be drawn from a cross section of the community where the crime occurred.
procedural due process (section 20.1)
- HOW the government acts in terms of its methods and procedures
Define the crime of treason. Why does the Constitution contain a specific definition of treason? (Section 20-4)
- It applies to all U.S. citizens who engage in war against the United States or who aid and comfort America's enemies. - it can only be committed during wartime, but Congress has made it a crime to conspire against the United States or commit espionage or sabotage during peacetime.
Mapp v. Ohio, 1961 (section 20.2)
- Mapp v. Ohio, 1961, extended the exclusionary rule to the states. - State and local police cannot use evidence gained by unreasonable searches and seizures in court.
Explain the purpose of preventive detention (Section 20-4)
- People accused of federal and state crimes can be held in preventive detention if it is suspected they would commit further crimes before trial. - Critics say this amounts to punishing the accused before they are convicted. - Supreme Court has upheld this practice as a means of protecting the community.
Define police power and understand its relationship to civil rights. (section 20.1)
- States have a reserved police power to safeguard the well-being of their people. - States must balance individual rights versus the needs of society when using this power. - Examples: PROMOTE HEALTH, SAFETY, MORALS & GENERAL WELFARE OF PEOPLE.
Describe the Court's interpretation of cruel and unusual punishment. (Section 20-4)
- Supreme Court denies most claims of cruel and unusual punishment. - Court has upheld California's "three strikes" law, which sets a minimum sentence of 25 years for those convicted of a third crime.
Under what circumstances is the Miranda warning used? (Section 20-3)
- Suspects must be in custody
Miranda v. Arizona, 1966 (Section 20-3)
- Suspects must be informed of their constitutional rights, including their right to a lawyer and to not incriminate themselves, before they are questioned. - rule is controversial and is being refined on a case-by-case basis.
Describe issues that arise from guarantees of speedy and public trials. (Section 20-3)
- Too much publicity can harm the fairness of a trial. - Federal trials may not be televised but state trials can.
What does the exclusionary rule exclude? Does the exclusionary rule serve the interests of justice?(section 20.2)
- Under the exclusionary rule, evidence gained illegally by police cannot EXCLUDED as evidence against the person from whom it was seized. - Meant to limit police misconduct, but critics say it protects criminals and NOT JUSTICE
substantive due process (section 20.1)
- WHY the government acts in terms of its policies and the reasons for them
search warrant (section 20.1)
- a court order authorizing a search
writ of habeas corpus (Section 20-3)
- a court order demanding that a prisoner be brought before the court and reason given why they should not be released
bill of attainder (Section 20-3)
- a law allowing a person to be punished without a trial
ex post facto law (Section 20-3)
- a law applied to an act committed before the law was passed
Subpoenaed (Section 20-3)
- a writ ordering a person to attend a court.
4th Amendment (section 20.2)
- adopted to prevent the use of blanket search warrants to search private property. - protects against unreasonable searches and seizures.
8th Amendment (Section 20-4)
- amendment forbids "cruel and unusual punishment"
information (Section 20-3)
- an affidavit in which a prosecutor swears there is enough evidence to justify a trial
writs of assistance (section 20.2)
- blanket search warrants used by British customs officials to invade and search private homes
treason (Section 20-4)
- crime of fighting against the United States or giving aid and comfort to its enemies
capital punishment (Section 20-4)
- death penalty
3rd Amendment (section 20.2)
- forbids soldiers from being housed in private homes without the owner's consent except in wartime.
presentment (Section 20-3)
- formal accusation brought by a grand jury
indictment (Section 20-3)
- formal complaint made to a grand jury that charges the accused with one or more crimes
grand jury (Section 20-3)
- formal device by which a person can be accused of a serious crime
Florida v J.L., 2000 (section 20.2)
- held that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and what he or she might look like but that did not furnish information as to any illegal conduct that the person might be planning.
preventive detention (Section 20-4)
- holding an accused person without bail to prevent them from committing a serious crime before trial
bail (Section 20-4)
- money deposited by an accused person with the court to guarantee that they will appear in court
2nd Amendment (section 20.2)
- protects "the right of the people to keep and bear Arms."
What protections does the Constitution set out for persons accused of crimes? (Section 20-3)
- protects the writ of habeas corpus. - bans the passages of bills of attainder or ex post facto laws. - requires grand juries for federal indictments. - bans double jeopardy. - guarantees a speedy and public trial. - protects people from self-incrimination.
probable cause (section 20.2)
- reasonable suspicion of a crime
Miranda rule (Section 20-3)
- requirement that police officers must inform suspects of their constitutional rights before questioning them
plain view (section 20.2)
- rule that allows a law enforcement officer to seize evidence of a crime, without obtaining a search warrant, when that evidence is in plain sight.
exclusionary rule (section 20.2)
- rule that states evidence gained illegally by the police cannot be used at the trial of the person from whom it was seized
6th Amendment (Section 20-3)
- says that a defendant has the right: To know the charges against him or her To confront and question witnesses To subpoena witnesses To have counsel for his or her defense
police power (section 20.1)
- the authority of each state to protect and promote the public health, safety, morals, and general welfare
bench trial (Section 20-3)
- trial heard only by a judge, with no jury
Define writ of habeas corpus, bills of attainder, and ex post facto laws. (Section 20-3)
- writ of habeas corpus: a court order demanding that a prisoner be brought before the court and reason given why they should not be released - bill of attainder: a law allowing a person to be punished without a trial - ex post facto law: a law applied to an act committed before the law was passed
double jeopardy (Section 20-3)
-principle that holds that a person cannot be tried twice for the same crime
due process (section 20.1)
-the guarantee that the government will act fairly and according to the law
Explain the purpose of bail. Are they justified? (Section 20-4)
Bail exists for two reasons: 1) A person should not be jailed until his or her guilt has been established; 2) A defendant is better able to prepare for trial outside of a jail.
Outline the history of the Court's decisions on capital punishment. (Section 20-4)
Court's ruling in Furman v. Georgia? - Court struck down Georgia's laws punishable by the death penalty because those laws were not fairly administered--mostly poor people and African Americans were executed. - ruling led many states to rewrite their capital punishment laws.
