Civil Liberties/ Civil Rights Group Project Tim Shin/Aydin Pasebani/Derek Tam/Travis Sidle/Nishaant Pandita/John Dullaghan.

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Presentation transcript:

Civil Liberties/ Civil Rights Group Project Tim Shin/Aydin Pasebani/Derek Tam/Travis Sidle/Nishaant Pandita/John Dullaghan

8th Amendment ●Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Background ●Made to fight against unfair british courts ●Established rights of the accused ●1689 English Bill of Rights ●Originated with the case of Titus Oates

Recent Issues ●Death Penalty ●CIA Torture

Trop v. Dulles (1958) ●Trop was court martialed for desertion ●Found guilty, sentenced to hard labor ●Later denied passport (Nationality Act 1940) ●Filed lawsuit, went to supreme court ●Supreme court 5-4 for Trop ●Can’t revoke U.S. citizenship as punishment

Gregg v. Georgia (1976) ●Gregg robbed and murdered 2 people ●Jury found that Gregg was guilty ●Death Sentence was imposed on Gregg ●Appealed to the Supreme Court ●Supreme court rules 7-2 against Gregg ●Capital Punishment doesn’t violate 8th Amendment.

Kennedy v. Louisiana (2008) ●Kennedy found guilty of rape ●Kennedy received death penalty ●Appealed to the Supreme Court ●5-4 ruling against death penalty for rape ●Only valid for murder and treason

9th Amendment ● The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Explanation ●Protects our unenumerated rights ●People have right to privacy ●Privacy isn’t enumerated but was recently added to the UN’s Human Rights list

Importance ●Privacy is an unenumerated right and is one that is assumed ●Most Supreme Court privacy cases deal with one’s rights within their home ●Usually involved with sex and sexuality

Recent Issues ●NSA PRISM ●Snowden Leaks

Griswold v. Connecticut (1962) ●Griswold arrested for providing illegal contraception ●Fined $100 dollars, Griswold appealed ●Claimed the law is unconstitutional ●Supreme Court ruled 7-2 for Griswold ●Constitution doesn’t protect privacy outright

Roe v. Wade (1973) ●Texas law prohibits abortions ●Abortions allowed to protect mother’s health ●Roe was denied abortion; challenged law ●Supreme Court ruled 7-2 for Roe ●Law violated right to privacy ●Abortion available before viability(24 weeks)

Bowers v. Hardwick (1986) ●Hardwick criminally charged for homosexual sodomy ●He challenged the Georgia Statute’s constitutionality ●Claimed it violated his fundamental rights ●“Private and intimate association” ●Supreme Court ruled 6-3 outlawing sodomy ●Precedent later overturned in Lawrence v. Texas (2003)