1. HW due today- Finish researching a second case Agenda NVCs Warm-up Establishment clause and balancing test Crime and amendments Rights of the accused Objectives Define the establishment clause and balancing test Define and apply key individual legal rights (probable cause, due process, self incrimination, speedy trial by jury)

2. What happens in the US when two rights conflict? Nazi party marching through a Jewish town in Illinois Courts balance competing interests. What were the competing interests and rights in your case

3. Abortion and Balancing Test “[Let’s answer] the question of balancing the two rights which may appear to be in conflict in these cases. That question must be: to what extent can the State protect the right of an unborn infant to continue its existence as a living being in the face of a claim of right of privacy on the part of a woman to decide whether or not she wishes to remain with child?” – Amicus Curiae brief in support of Henry Wade, National Right to Life Committee, 1973

4. Conflicts over the first amendment What are the competing interests and rights that a judge/ jury would have to balance in this case?

5. The Establishment Clause The reason why it would be really weird if we all started praying right now “Congress shall make no law respecting an establishment of religion” -1 st Amendment The basic meaning of the clause = government may not establish an official religion. Can Mountain View set up a Christmas tree on Castro Street?

6. What can you do if you are arrested or detained (held by police)? 1.Can you say “I am remaining silent” or do you just need to stay quiet? 2.Can you tell the police they don’t have permission to search your belongings? 3.What should you do if you are arrested? 1.Do not resist 2.Call an attorney 3.Keep your hands visible 4.All of the above 4.Do you still have rights even if you don’t have your immigration papers? 5.Can you ask the officer if you can leave?

7. Due Process- Fair procedure of the law

8. Due Process Key focus of today People accused of a crime must be granted certain legal rights Due process is established in the 5 th and 14 th amendments

9. What to do if you’re stopped by police 1.Yes. You can – and should – say “I’m remaining silent.” 2.Yes. You can tell the police they do not have permission to search your things. 3.If you’re arrested – all of the above (do not resist, call a lawyer, keep your hands in sight) 4.Yes. You still have rights, even if your papers are not with you. 5.Yes. You can ask the officer if you can leave. And if he/she says yes, you should do so peacefully.

10. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Fourth Amendment “Reasonable” search

12. Requirement: a search or seizure (arrest) must be reasonable https://www.youtube.com/watch?v=3kVX6NIPz B0 Presumed Reasonable Person’s Consent Warrant

13. The Fifth Amendment “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. “ Protection against self incrimination

14. Addition to the 5 th amendment: Miranda RIGHTS “Extra-textual” protection: rights made by the Supreme Court, not in the actual text of the Constitution Right to remain silent Right to a lawyer

15. After invoking your rights Your actions or words can still be considered a waiver -If you ask something like, “What is going to happen to me?” this will waive your right to remain silent -BUT basic conversation does not count – you can ask for water, etc.

16. Other important things to know Exercising your rights cannot be used against you Physical evidence the police find can still be used against you, even if they fail to read you your rights Police can use “trickery” – they just can’t “overbear personal will”