2Think Pair ShareMake a list of the rights granted to you by our governmentAre 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?
3Bill of Rights 1st 10 amendments to the Constitution Sets forth civil liberties (guaranteed basic rights and freedoms) and civil rights (freedom from unequal treatment)
41st 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 1st Amendment?
51st Amendment Freedom of Religion Freedom of speech Freedom of press Establishment clauseFree exercise clauseFreedom of speechFreedom of pressFreedom of assembleFreedom to petition
6Freedom of ReligionEstablishment Clause - Prohibits the government from creating a national religion and provides for the separation of Church and StateFree Exercise Clause – the right to practice your own religionBelief is absolute, ability to act on that is not
7PressPrior Restraintcensorship that is imposed before expression actually takes placeUnconstitutional except in certain circumstances such as national securityExample: publishing troop movements in Afghanistan
8Illegal SpeechClear and present danger – words that distress or incite violenceYelling fire in a crowded movie theater when there is noneLibel – written speech that harms a reputationSlander – spoken speech that harms a reputationObscenityMiller TestUsing contemporary standards is considered obsceneClearly offensive to the publiclacks serious literary, artistic, political, or scientific value
9Legal SpeechSymbolic Speech – actions that convey a particular message or statementFlag waving, demonstrations, protests buttons, sit-ins
102nd AmendmentControversy - balancing right to bear arms against the need for public safetyRight to own a weapon for protectionThe danger to the public caused by gunsLaws31 States – open carryMost states prohibit carrying in vehicles or concealed carry without a permitConvicted felons, unlawful drug users, serious mental illness, convicted of domestic violenceBrady law – requires criminal background checks to purchase handguns, machine guns, concealed carry permits
11Due Process Agents of the government must follow rules and procedures Police, lawyers, judges, etc.State/city/town employees or elected officialsEspecially when dealing with someone accused of a crime
12Intention Intention: protect citizens Founding Fathers worried that a large government would abuse its powerHad seen abuse of power under King George IIIWanted to guarantee the rights and freedoms of the citizens
13Due Process Laws 4th, 5th, 6th, 7th, 8th Amendments Most examples are found in the Bill of Rights4th, 5th, 6th, 7th, 8th AmendmentsSome due process procedures are a result of Supreme Court casesRight to a free attorney (Gideon v. Wainwright)Being read your rights when arrested (Miranda v. Arizona)
14Due ProcessDue Process - The rules and procedures that must be followed by government officials to ensure a person who has committed a crime is treated fairly
154th Amendment Secure in their persons… Unreasonable … Warrant People, their homes, papers, and personal items are considered privateUnreasonable …Searches of the above items cant be arbitrary, or unreasonableIf most of society believes that a person would expect privacy, then police can’t searchWarrantPermission from a judge to perform the searchMust justify search and specify people and places to be searchedProbable CauseProbably, but not for sure
16Kyllo v. U.S. 4th AmendmentKyllo – growing marijuana plants, police used infrared tech to obtain a warrantRuling: Unreasonable search and seizureExpectation of privacy – search provided information about homes interior that couldn’t have been obtained without a physical intrusionLimit or Strengthen Governments Power?LimitedThink/Pair/Share - What are the advantages for the accused and the disadvantages for the government?
17New Jersey v. TLO 4th Amendment Case: 14 year old accused of smoking in bathroom. Principal searched purse & found marijuana.Ruling – Not a violation of 4th AmendmentPresence of marijuana papers gave rise to a “reasonable suspicion” that she may have been carrying marijuanaReasonable Suspicion is threshold for searches in school casesNot sure, MaybeExpanded governments power in school casesThink/pair/shareDiscuss the advantages to the government and disadvantages to the accused
18Reasonable Suspicion v. Probable Cause Not Sure, but MaybeNot Sure, but Probably/More likely than notNeed Less evidenceNeed More evidenceEnough 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 committedExamples:Person matches the description of the person who committed the crimePerson carrying around a hanger and looking in carsExample:Contraband in plain viewBroken tail light, speeding, expired registration is NOT probable cause and you CAN refuse a search
19Mapp v. Ohio 4th 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 admissibleExclusionary RuleThink Pair ShareDiscuss the advantages to the accused and disadvantages to the government
20The Exclusionary RuleExclusionary Rule - Prevents the government from using evidence that was collected in violation of the US ConstitutionEvidence from an unreasonable search/seizure (4th Am)Also applies to situations in which due process was violatedSelf-incriminating statements obtained illegally (5th Am)Denial of right to counsel (6th Am)
21ExampleThe 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?
22Terry v. Ohio 4th 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 reasonableMay perform search without a warrant or without probable cause if police officer reasonably believes the person may be armed and dangerous
23Miranda 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 incriminationRight to an attorney
24Miranda 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 favorResult: upon arrest, police officers must make suspect aware of rights – “Miranda Warning”
25- 5th 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 beginCannot 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 5th” – freedom from self- incrimination; you do not have to make a statement that would demonstrate your guilt
26Kelo v. City of New London 5th Amendment Case: New London used eminent domain authority to take private property and sell it to private developersRuling: OK to take private land for a public purpose (economic development)
276th 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 defenseSpeedy 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 caseConfront Witnesses – defense attorney can cross exam the prosecution’s witnessAssistance of Counsel – the right to an attorney; expanded in Gideon v. Wainright case: if a suspect cannot afford an attorney, the government must provide oneNature and Cause of Accusation – told what you are being accused of
28Gideon v. Wainright 6th 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 trialRuling: Courts must provide an attorney to defendants who can’t afford their ownHow does this case expand the rights of the individual
297th and 8th 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 financiallyEighth AmendmentExcessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
30Roper v. Simmons 8th Amendment Case – Christopher Simmons, 17, planned to rob and murder (premeditated) Shirley Crook, tying her up and tossing her off a bridgeRuling: Standards of decency have evolved so that executing a minor is “cruel and unusual” punishment
32Due Process Amendments 4th – no unreasonable search and seizureKyllo v. U.S., NJ v. TLO, Mapp v. Ohio, Terry v. Ohio5th – right to Grand Jury, No Double Jeopardy or Self Incrimination, Eminent DomainMiranda v. Arizona, Kelo v. City of New London6th – right to Speedy and public trial, Impartial jury, Confront witnesses, right to an attorney, told of accusationsGitlow v. Wainright7th – right to jury in a civil case8th – no excessive bail or fines, no cruel or unusual punishmentRoper v. Simmons
33Amendments 9-129th – individual rights not listed, are still individual rights10th – powers not specifically listed in Constitution are “reserved” for the States11th – federal courts can hear cases between an individual and a state12th – Changed procedure for electing President and VP, now they run together on a “ticket” instead of 1st most popular (Pres) and 2nd most popular (VP) being elected