Presentation on theme: "Bill of Rights. Think Pair Share Make a list of the rights granted to you by our government Are rights absolute - are you free to act how you want without."— Presentation transcript:
Think Pair Share Make a list of the rights granted to you by our government Are rights absolute - are you free to act how you want without any limitations- or are there limitations on your rights? If there are limitations, what are some of the limitations? What is the Bill of Rights?
Bill of Rights 1 st 10 amendments to the Constitution Sets forth civil liberties (guaranteed basic rights and freedoms) and civil rights (freedom from unequal treatment)
1 st Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” Which rights are stated in the 1 st Amendment?
1 st Amendment Freedom of Religion – Establishment clause – Free exercise clause Freedom of speech Freedom of press Freedom of assemble Freedom to petition
Freedom of Religion Establishment Clause - Prohibits the government from creating a national religion and provides for the separation of Church and State Free Exercise Clause – the right to practice your own religion – Belief is absolute, ability to act on that is not
Press Prior Restraint – censorship that is imposed before expression actually takes place Unconstitutional except in certain circumstances such as national security – Example: publishing troop movements in Afghanistan
Illegal Speech Clear and present danger – words that distress or incite violence Yelling fire in a crowded movie theater when there is none Libel – written speech that harms a reputation Slander – spoken speech that harms a reputation Obscenity Miller Test – Using contemporary standards is considered obscene – Clearly offensive to the public – lacks serious literary, artistic, political, or scientific value
Legal Speech Symbolic Speech – actions that convey a particular message or statement – Flag waving, demonstrations, protests buttons, sit- ins
2 nd Amendment Controversy - balancing right to bear arms against the need for public safety – Right to own a weapon for protection – The danger to the public caused by guns Laws – 31 States – open carry – Most states prohibit carrying in vehicles or concealed carry without a permit – Convicted felons, unlawful drug users, serious mental illness, convicted of domestic violence – Brady law – requires criminal background checks to purchase handguns, machine guns, concealed carry permits
Due Process Agents of the government must follow rules and procedures – Police, lawyers, judges, etc. – State/city/town employees or elected officials – Especially when dealing with someone accused of a crime
Intention Intention: protect citizens – Founding Fathers worried that a large government would abuse its power Had seen abuse of power under King George III – Wanted to guarantee the rights and freedoms of the citizens
Due Process Laws Most examples are found in the Bill of Rights – 4 th, 5 th, 6 th, 7 th, 8 th Amendments Some due process procedures are a result of Supreme Court cases – Right to a free attorney (Gideon v. Wainwright) – Being read your rights when arrested (Miranda v. Arizona)
Due Process Due Process - The rules and procedures that must be followed by government officials to ensure a person who has committed a crime is treated fairly
4 th Amendment Secure in their persons… – People, their homes, papers, and personal items are considered private Unreasonable … – Searches of the above items cant be arbitrary, or unreasonable If most of society believes that a person would expect privacy, then police can’t search Warrant – Permission from a judge to perform the search Must justify search and specify people and places to be searched Probable Cause – Probably, but not for sure
Kyllo v. U.S. 4 th Amendment Kyllo – growing marijuana plants, police used infrared tech to obtain a warrant Ruling: Unreasonable search and seizure – Expectation of privacy – search provided information about homes interior that couldn’t have been obtained without a physical intrusion Limit or Strengthen Governments Power? – Limited Think/Pair/Share - What are the advantages for the accused and the disadvantages for the government?
New Jersey v. TLO 4 th Amendment Case: 14 year old accused of smoking in bathroom. Principal searched purse & found marijuana. Ruling – Not a violation of 4 th Amendment – Presence of marijuana papers gave rise to a “reasonable suspicion” that she may have been carrying marijuana Reasonable Suspicion is threshold for searches in school cases – Not sure, Maybe Expanded governments power in school cases Think/pair/share – Discuss the advantages to the government and disadvantages to the accused
Reasonable Suspicion v. Probable Cause Reasonable SuspicionProbable Cause Not Sure, but MaybeNot Sure, but Probably/More likely than not Need Less evidenceNeed More evidence Enough knowledge to lead a reasonably cautious person to believe that criminal activity is taking place and person has some part in it. Enough trustworthy facts to believe that a crime has been committed Examples: Person matches the description of the person who committed the crime Person carrying around a hanger and looking in cars Example: Contraband in plain view Broken tail light, speeding, expired registration is NOT probable cause and you CAN refuse a search
Mapp v. Ohio 4 th Amendment Mapp – Woman’s home was searched when Cleveland police officers came to her home asking questions regarding a recent bombing. The officers demanded entrance into her home. – Searched and found obscene books, pictures, and photographs. Ruling – Evidenced obtained illegally is not admissible – Exclusionary Rule Think Pair Share – Discuss the advantages to the accused and disadvantages to the government
The Exclusionary Rule Exclusionary Rule - Prevents the government from using evidence that was collected in violation of the US Constitution – Evidence from an unreasonable search/seizure (4 th Am) Also applies to situations in which due process was violated – Self-incriminating statements obtained illegally (5 th Am) – Denial of right to counsel (6 th Am)
Example The police are investigating a burglary. Of particular interest is a missing watch. An officer happens to see the victim's neighbor, Lisa, throw a watch into the trash can next to her house. "Stupid thing doesn't even work," Lisa shouts within earshot of the police. An officer wants to examine the discarded watch, but reasonably concludes that it is within the curtilage of Lisa's house. After all, the trash can sits next to Lisa's house behind a short picket fence, with a sign saying that the garbage is off limits to the public. Rummaging through Lisa's trash now would most likely violate the Fourth Amendment. Not willing to risk that any evidence will be suppressed under the exclusionary rule, the police officer obtains a search warrant. In his affidavit, the officer attests to the following facts: a burglary took place, a watch was taken, and next day, the victim's neighbor placed a watch into her trash can while saying that it "doesn't even work." Seeing probable cause that a crime was committed and that the evidence is in Lisa's trash can, a magistrate judge grants a warrant to search Lisa's trash can. The watch is the same one that was stolen from the victim's home. Can the watch be admitted as evidence?
Terry v. Ohio 4 th Amendment Case – Terry was stopped and searched by police after an officer saw him acting suspiciously. Concealed weapon was found on Terry. Ruling – Search was reasonable – May perform search without a warrant or without probable cause if police officer reasonably believes the person may be armed and dangerous
Miranda Rights “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” What rights are protected? – Self incrimination – Right to an attorney
Miranda v. Arizona – suspect was arrested for kidnapping and rape; suspect confessed to the crime; suspect later claims that he didn’t know that he had the right to freedom from self- incrimination….Supreme Court rules in his favor Result: upon arrest, police officers must make suspect aware of rights – “Miranda Warning”
- 5 th Amendment - Focus on due process - Limit the power of the government by protecting individual rights *Guarantees fair treatment of individuals before the law 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 offence 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. Must be “formally charged” with a crime before the criminal trial can begin Cannot be tried for the same crime two times (if found “not guilty,” cannot be put on trial for that crime again) Eminent Domain – the right of the government to take private property (ex: houses) for public use (ex: library); Kelo v. New London expands it to be for private use (ex: shopping center) “ I plead the 5 th ” – freedom from self- incrimination; you do not have to make a statement that would demonstrate your guilt
Kelo v. City of New London 5 th Amendment Case: New London used eminent domain authority to take private property and sell it to private developers Ruling: OK to take private land for a public purpose (economic development)
6 th Amendment What It Says….What It Means… In all criminal prosecutions, 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 Speedy and public trial – must be brought to trial quickly; no “closed” courtrooms (allows for reporters, general public, etc. to view) Impartial jury – no one on the jury has a bias in the case; no prior knowledge of the case Nature and Cause of Accusation – told what you are being accused of Assistance of Counsel – the right to an attorney; expanded in Gideon v. Wainright case: if a suspect cannot afford an attorney, the government must provide one Confront Witnesses – defense attorney can cross exam the prosecution’s witness
Gideon v. Wainright 6 th Amendment Case: Gideon was charged with a felony for breaking into a poolroom. He was poor and couldn’t afford an attorney. Florida law did not allow for appointed attorney’s except in a capital murder trial Ruling: Courts must provide an attorney to defendants who can’t afford their own How does this case expand the rights of the individual
7 th and 8 th Amendments Seventh Amendment In a civil (as opposed to criminal) lawsuit, an individual is entitled to a jury trial so long as the suit is for an amount of at least $20. – Civil lawsuits are typically about contracts, damage to property or someone getting hurt, physically or financially Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
Roper v. Simmons 8 th Amendment Case – Christopher Simmons, 17, planned to rob and murder (premeditated) Shirley Crook, tying her up and tossing her off a bridge Ruling: Standards of decency have evolved so that executing a minor is “cruel and unusual” punishment
Due Process Amendments 4 th – no unreasonable search and seizure – Kyllo v. U.S., NJ v. TLO, Mapp v. Ohio, Terry v. Ohio 5 th – right to Grand Jury, No Double Jeopardy or Self Incrimination, Eminent Domain – Miranda v. Arizona, Kelo v. City of New London 6 th – right to Speedy and public trial, Impartial jury, Confront witnesses, right to an attorney, told of accusations Gitlow v. Wainright 7 th – right to jury in a civil case 8 th – no excessive bail or fines, no cruel or unusual punishment Roper v. Simmons
Amendments 9-12 9 th – individual rights not listed, are still individual rights 10 th – powers not specifically listed in Constitution are “reserved” for the States 11 th – federal courts can hear cases between an individual and a state 12 th – Changed procedure for electing President and VP, now they run together on a “ticket” instead of 1 st most popular (Pres) and 2 nd most popular (VP) being elected