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Civil Liberties (Rights to Life, Liberty and Property) Chapter 16.

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Presentation on theme: "Civil Liberties (Rights to Life, Liberty and Property) Chapter 16."— Presentation transcript:

1 Civil Liberties (Rights to Life, Liberty and Property) Chapter 16

2 Citizenship Rights The right of citizenship was not given constitutional protection until 1868, when the 14th Amendment was adopted. 14th 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

3 Property Rights What happens when the government takes our property? Eminent Domain The power of the government to take private property for public use (5 th Amendment)

4 Due Process Rights Procedural Due Process Constitutional requirement that governments proceed by the proper methods; places limits on how governmental power may be exercised Substantive Due Process Constitutional requirement that government act reasonably and that the substance of the laws themselves be fair and reasonable; places limits on what a government may do

5 The Right to Privacy The word “privacy” does not appear in the Constitution However, in Griswold v. Connecticut ( 1965), Supreme Court determined that the right to privacy existed as an “unstated element” in several rights in the Bill of Rights Laid the groundwork for Roe v. Wade

6 Privacy Rights: Abortion Roe v. Wade (1973) A woman in Texas claimed she was raped and not legally allowed by state law to have an abortion Brought the case to the Supreme Court The Court ruled 7 to 2 that the Texas law violated her constitutional right to personal privacy

7 Privacy Rights: Abortion Recent changes in the Court’s composition have opened up the possibility to the Roe ruling eventually being overturned

8 Privacy Rights Lawrence v. Texas (2003) –Bowers v. Hardwick, a 1986 case that upheld a Texas sodomy law, was overturned Gay Marriage –Supreme court has not ruled on any cases –“Full Faith and Credit” constitutional provision –1996 Defense of Marriage Act

9 Rights of Persons Accused of Crimes 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. The Fourth Amendment

10 Rights of Persons Accused of Crimes Police must obtain a search warrant, which they obtain after proving to a judge that they have sufficient probable cause Search and Seizures

11 Search and Seizure What can the police search, incident to a lawful arrest? –The individual being arrested –Things in plain view –Things or places under the immediate control of the individual

12 Rights of Persons Accused of Crimes Exclusionary Rule Under this rule, evidence that is obtained improperly by the police cannot be used to prosecute someone accused of a crime At first applied only to federal law enforcement After Mapp v. Ohio (1961), rule was applied to all police officers

13 Miranda Rights

14 Rights of Persons Accused of Crimes: Fair Trial Procedures In all criminal proceedings, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defense. The Sixth Amendment

15 Rights of Persons Accused of Crimes: Sentencing and Punishment Double jeopardy Protection against being tried twice for the same crime “Three strikes and you’re out” laws Laws enacted in a number of states that require a lifetime sentence without the possibility of parole for anyone convicted of a third felony, even if it is a minor offense

16 The Death Penalty Can it be considered “cruel and unusual” punishment? If administered unfairly, does it violate the 14th Amendment right to due process?

17 Persons Executed, 1930-2003

18 Number of Death Row Inmates, 1953-2003

19 How Just is our System of Justice? Too many loopholes? Do the rights of people accused of crimes place an undue burden on the criminal justice system? Does it allow guilty people to go unpunished? Too unreliable? People are critical of the reliability of a trial by jury Sometimes jurors vote for an acquittal to express their displeasure with the law or the actions of prosecutors or police

20 How Just is our System of Justice? Too discriminatory? Over the past several decades, the Supreme court has worked hard to make the justice system more fair Government must furnish attorneys to those who can’t afford them The poor cannot be put in jail if they can’t afford to pay a fine Unfair to minorities? Many minorities feel unfairly targeted by the police Racial profiling Does Community policing help?

21 Terrorism and Civil Liberties U.S. Patriot Act meant to increase federal government’s powers to combat terrorism An executive order then proclaimed a national emergency; non-citizens believed to be terrorists, or to have harbored a terrorist, will be tried by a military court

22 Rights of the Accused Are persons captured on the battlefields of Afghanistan and Iraq entitled to the protections of the U.S. Constitution?

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