Citizens There are 11 Pillars that keep our democracy stable. A democracy = rule by the people. Where are the people’s rights guaranteed?
The Bill of Rights Compiled by James Madison –He looked at each state constitution, plus the rights that other countries stipulated for their citizens and created a document that had ten distinct civil liberties. –The First Ten Amendments to the Constitution guarantee the civil liberties of U.S. citizens.
THE FIRST AMENDMENT Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom to Petition
The Bill of Rights What are the “Miranda Rights”? Are each of these rights outlined in the Bill of Rights? Why do police officers still need to state them before an arrest?
Miranda v Arizona In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights. Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning. The statement, reproduced below, exists in several forms, but all have the key elements: the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized."
Miranda v Arizona Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime. As for Ernesto Miranda, his conviction was thrown out, though he did not become a free man. The police had other evidence that was independent of the confession, and when Miranda was tried a second time, he was convicted again. After release from prison, Miranda was killed in a barroom brawl in 1976.
Miranda Warning The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
Miranda Warning The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following. You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Bill of Rights Cartoon Pick one of the first 10 amendments to the Constitution. Draw a political cartoon that symbolizes the amendment in action. Include the # and definition. Write a caption for the cartoon. What is the author’s (you) point of view? 15 minutes….put your name on the back and tape to the board.
The Bill of Rights Homework When studying issues, it is imperative to identify the key components. You will read information on three cases, identify the key components, and then decide what should happen in the case. The Key Components of Analyzing Issues are: –Players, conflicts, issues, influence, resources, elites.
Player Anyone who is actively involved in a conflict. –A store clerk accuses someone of stealing. The players in this situation could be the clerk, the suspect, any witnesses, the suspects parents, etc.
Issue A point the decision of which is a matter of public importance. –Euthanasia –Abortion –Gun control –Capital punishment
Conflict Sharp disagreement or struggle. What should be done in a situation?
Influence The power to control or direct the behavior of others. –Your boss at work
Political Resource The means that a person has to influence others –Time –Money –Prestige –Popularity –Intelligence –Skill –Public office –beauty
Elite A person with a disproportionate amount of any resource. –Principal in a school –Rushford example