1. Unit 5

2. Unit 5
Rights.
Safety.
Courts which interpret the laws.

3. Search?!?!

4. 4th Amendment Protects against illegal search & seizure of property.
To conduct a search legally, authorities need probable cause, search warrant, or consent.

5. 4th Amendment

6. 4th Amendment Was the search you viewed legal?
Can the evidence be used against the defendants?

7. Exclusionary rule
Evidence obtained by police illegally is not admissible in federal court.

8. TLO vs. NJ (1985)

9. TLO vs. NJ Film

10. 4th Amendment Protects against illegal search & seizure of property.
To conduct a search legally, authorities need probable cause, search warrant, or consent.

11. Exclusionary rule
Evidence obtained by police illegally is not admissible in federal court.

12. Arguments for NJ. Teachers act for parents.
Broader powers to control student conduct, including the powers of search and seizure are needed.

13. Arguments for TLO. School officials are not parents.
Evidence against TLO was not legally obtained. (Principal was looking for Cigarettes not drugs).

14. Court’s decision? 6-3 ruled in favor of New Jersey.
There was reasonable cause to search TLO and schools have a responsibility to ensure discipline and safety for the student body.
Therefore, schools have more power to conduct searches under the premise of safety and discipline.

15. Minority Dissent (3 Justices who disagreed with the verdict)
Gives teachers to much power.
Teachers should use either probable cause or warrants when conducting searches.

16. Agree or disagree with the decision?? Why??

17. Vernonia School District vs. Acton (1995)

18. Student Rights
Drug searches (aka the drug dogs) an effective way to deter drug use at Maryvale? Y/N & why?
Random drug testing at Maryvale for athletes? Y/N & why?

19. Dilemma!!!
What’s more important to you? Rights or safety?

20. Vernonia High School in Oregon

21. Vernonia School District vs. Acton (1995)

22. Facts from the case Rise in drug use at Vernonia High School
School institutes a random drug testing policy
James Acton won’t sign sheet submitting to random drug testing policy
Supreme Court sides with the school district

23. James Acton

24. Arguments in the video that support random drug testing.
Rise in drug use at Veronina school district in Oregon
Increase in discipline issues/decrease in student achievement
Players admitted to coaches that they used drugs

25. Arguments against random drug testing.
Violation of privacy
Target the problem kids not the whole student body
Acton boy did nothing wrong to warrant a search

26. Supreme Court’s decision?
Sides with (6-3) Vernonia School District
Why?? (safety/discipline concern)

27. Majority decision. Court sided with Vernonia School District.
Search is legal because of the special circumstances that existed at Vernonia (rise in drug use).
Schools need the power to conduct searches in order to promote safety and discipline.

28. Dissent? School overreacted to the situation.
The school should target the problem students not the whole student body.
Students shouldn’t be expected to shed their 4 amendment rights in schools

29. Agree or Disagree with the court’s decision? Why?
??????

30. Should you be punished in school for what you do off school grounds?
??????

31. Tinker v. Des Moines Independent School District (1969)

32. Tinker v. Des Moines

33. Unit 5 (notes!!)

34. The Judicial Branch (page 2)
The first thing you need to know about the Judicial branch is how courts were created.
The only court the United States Constitution actually creates is the Supreme Court- the highest court in the country.
The constitution also allows Congress to create other courts. When Congress created those courts, the federal court system was born.

35. Federal? State?
Here’s the confusing part: There are two systems of courts in the United States.
The federal court system deals with disputes about laws that apply to the entire United States.
State Court systems mostly deal with disputes about state laws.

36. Federal? State?
Each state has its own court system created by its own state constitution.
Whether people take their case to a federal or state court depends on the laws involved in the case.
The good news is that state court system usually works just like the federal court system.

37. Criminal vs. Civil (page 2)
Most trials you see on TV involve a person who has been accused of a crime.
But Criminal Cases are not the only kind of cases that go to trial.
Sometimes people have a disagreement that they can’t resolve on their own.

38. Criminal vs. Civil
Often one side feels that the other side violated their rights in some way.
This kind of case is called a CIVIL CASE.
The goal of a civil case is not to find out whether someone is innocent or guilty, but to decide which side’s version of the story is correct.

39. Criminal Trial

40. Civil Court Trial

41. You’re on Trial!! (page 3 notes)
The trial court is the first court to hear a case. Both the state and federal systems have trial courts.
In the Federal system, the trial court is called a District Court.
In the trial court, lawyers use evidence to try to prove that their client’s side of the story is what really happened.

42. You’re on Trial!!
Evidence can be almost anything- witnesses. Videos, photographs, a letter, a piece of fabric, etc…
In a jury trial, a group of twelve people listen to the evidence and decides who wins the case.
That decision is called the verdict.
In a bench trial there is no jury, so the judge gives the verdict.

43. It’s not over!!
Losing in the trial court doesn’t mean the case is over.
The losing side can ask a higher court to look at the verdict and replace it with a different decision.
The courts above the trial court are called appellate courts.

44. It’s not over!!
The federal system and most state systems have two appellate-level courts: a Court of Appeals and a Supreme Court.
Asking an appellate court to review a case is called an appeal.

46. Supreme Court (page 4)

47. Inside the Supreme Court

48. Supreme Court
While a trial court only has one judge, most Court of Appeals cases are heard by a three-judge panel.
There is no jury.
The three judges review the case to see if the trial court made a mistake.

49. Supreme Court
For the losing side in the Court of Appeals, there is one more chance: the Supreme Court, which is the highest court.
There, a panel of nine justices reviews the case. (State supreme courts often have fewer justices.)
The Supreme Court gets to choose which cases it wants to hear & it doesn’t choose many.

50. How a case gets to the Supreme Court

52. And that’s final!! (bottom of page 4)
Often, cases that make it to the Supreme Court are disputes about whether a law goes against the Constitution.
Once the Supreme Court has struck down a law that is unconstitutional, that’s it!
Only the Court itself can reverse that decision.
This power of deciding what is constitutional is called judicial review.
The U.S. Supreme Court has this power over federal laws.
State Supreme courts have this power over state laws.

53. Pages 5-6
Skip for now!!

54. Types of Laws (page 7)
Laws can be divided into two main categories: criminal and civil.
However, courts treat criminal and civil cases differently.

55. Criminal Law
There are two general levels of crimes. Felonies are serious crimes that normally have a punishment of more than a year in jail. (Murder, Rape, Arson, Felony traffic violations include: leaving the scene of an accident and vehicular homicide).
Misdemeanors are less serious crimes where the penalty is usually less than a year in jail or even just a fine. (Traffic violations)

56. Civil Law (page 8)
Here’s a basic rule of thumb: If it’s not criminal, it’s civil!
Civil laws involve a wide range of subjects such as. property, divorce, contracts, wills, personal injury, bankruptcy, and employment.
For this reason, there are many more civil laws than criminal laws.

57. Civil Law Civil laws usually help settle disagreements between people.
People may disagree over things like rights to property, custody of children in a divorce, or what a contract says.
The two sides in a civil case each get to tell their side of the story.
The judge or jury decides what the facts are and what the remedy, or solution, should be.

58. Civil Law
Taking Sides
Defendant- some one who is charged with a crime (criminal) or complaint (civil)
Plaintiff- someone who files a lawsuit against someone else in a civil court

59. Special Systems of Law
There are two systems of law that work a little differently from our regular system of law.
They are different because they deal with two unique populations—the military and people under the age of 18.

60. Military Law (page 9)
The U.S. Constitution gives Congress the power ―to make Rules for the Government and Regulation of the land and naval Forces.
Congress did this by enacting the Uniform Code of Military Justice (UCMJ), which is a set of criminal laws that apply to people in the military.
The UCMJ also lists the procedures for conducting a military trial and explains what punishments are allowed.

61. Juvenile Law

62. Juvenile Law
Should youthful offenders of the law (under the age of 16) be tried as adults? Y/N & why?

63. Juvenile Law Criminal laws apply to everyone.
But when a person under age 18 commits a crime, most states have a system of juvenile justice that deals with the case.
The juvenile justice system is usually more flexible than the adult justice system.

64. Juvenile Law
It allows a judge to look at many factors in a child’s life when deciding what the consequences for committing a crime should be.
The juvenile system is different because, as a society, we believe that young people sometimes make bad choices that they would not make if they were more mature.
The juvenile system offers more chances for young people to learn from mistakes without being negatively affected for the rest of their lives.

65. Words you should know: Delinquent– a juvenile found guilty of a crime.
Status Offender– a juvenile that is found guilty of breaking a law that wouldn’t be a crime if they were an adult (like skipping school)

66. In class assignment!!
Complete page 10.

70. 8th Amendment (page 11) Protects against cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

71. Death Penalty

72. Debate
Death Penalty cruel and unusual punishment? Y/N & why?

73. 8th Amendment Scenarios
Complete page 11.

74. Was the malfunctioning electric chair cruel and unusual?

75. NO!!
The Constitution protects against a cruel method of execution. Just because an accident happened the first time does not make the method cruel. Nobody intended to cause the prisoner to suffer unnecessary pain.

76. Francis v. Resweber
1947 Case in Louisiana. Francis to be executed by electric chair. Execution didn’t work.
Court ruled in favor of Resweber (Sheriff/Corrections Department).
Didn’t mean for execution not to work.

77. 2) Was the wooden paddle cruel and unusual?

78. No!!
The 8th Amendment protection from cruel and unusual punishment is limited to punishment for crimes. Unlike prisons, schools are open to the public. Unlike prisoners, students have friends and teachers who see what is going on.

79. No!!
If a school goes to far in punishing a student, it could be sued, or the teacher could face criminal charges. There is no need for 8th Amendment protection in schools.

80. Ingraham v. Wright 1977 case in Florida.
Schools have right to determine if want to use corporal punishment.
However, teachers should use good judgment.

81. 3) Was not doing an X-Ray cruel and unusual?

82. No!!
It is cruel and unusual punishment if a prison purposely ignores a prisoner’s serious injury or illness, because that would inflict unnecessary suffering and pain. In this case, the prisoner saw the doctor many times. He was treated for his back injury as well as other medical problems. It may have been bad medical judgment for the doctor not to perform an X-ray, but that is not cruel and unusual punishment.

83. Estelle v. Gamble 1976 case in Texas.
Court ruled in favor of Gamble stating prison didn’t properly treat injured prisoner.

84. 4) Was it cruel and unusual for the judge to give the death penalty without looking at the boy’s troubled past?

85. Yes!!
Before sentencing someone to death for a crime, it is important to make sure that death is the appropriate punishment. A judge cannot refuse to consider special circumstances that would affect whether the death penalty is an appropriate punishment for the crime.

86. Eddings v. Oklahoma 1982 case. Eddings murdered police officer.
Ruled against death sentence because of childhood abuse from dad.

87. 5) Was it cruel and unusual for the state law to allow the death penalty but prohibit looking at special circumstances?

88. Yes!!
Before sentencing someone to death for a crime, it is important to make sure that death is the appropriate punishment. There cannot be a law that stops the judge from considering special circumstances that affect whether the death penalty is appropriate for the crime.

89. Bell v. Ohio
1978 case.
Bell was an accomplice to a kidnapping and murder.
Bell found to be mentally unstable.

90. 6) Was it cruel and unusual to give the death penalty to someone under 18?

91. Yes!!
A person under the age of 18 deserves less punishment than an adult. Teenagers are less experienced, less disciplined, and more vulnerable than adults. They respond more to peer pressure, and they have more potential to grow and change. It is cruel and unusual punishment to give the death penalty to a person under 18.

92. Roper v. Simmons 1993 case in Missouri.
Simmons & an accomplice planned & carried out murder.
Was under 18 at the time.
Precedent after is no death penalty for minors.

93. 7) Was beating up the prisoner cruel and unusual if the injuries were not serious?

94. Yes!!
Prison guards may have to use force to keep order, but they are not allowed to hurt prisoners on purpose. If prison guards maliciously use force to cause harm, they violate the 8th Amendment. It doesn’t matter whether the prisoner’s injuries are serious or not.

95. 8) Is second-hand smoke cruel and unusual?

96. Maybe???
Prison officials may not ignore a condition that could lead to serious health problems. If a prisoner was locked in his cell with a heavy smoker against his will, that could violate the 8th amendment. In this case, the prisoner was no longer in a cell with a heavy smoker. Also, the prison had a policy to respect the wishes of non-smokers.

97. Helling v. McKinney 1993 case in Nevada.
Court ruled in favor of McKinney.
Expose to 2nd smoke caused physical harm.

98. 5th Amendment (page 12) Rights of the accused.
The government can not compel (force) a person to be a witness against themselves.

99. Miranda Rights

100. 5th Amendment (page 12)
Complete page 12 in packet.

101. 1) Did using the suspect’s clothing compel him to be a witness against himself?

102. No!!
The clothing was not “testimonial.” It did not communicate anything. Therefore, the clothes did not compel the suspect to be a “witness” against himself.

103. 2) Did mentioning the danger to handicapped children compel the suspect to be a witness against? himself?

104. No!!
The suspect was not compelled to confess. First, the officers were talking to each other, not to the suspect. More importantly, although the officers may have hoped the suspect would react to what they were saying, they had no reason to believe the suspect would care whether children got hurt.

105. 3) Did the medicine compel the suspect to be a witness against himself even though the police didn’t know it was a “truth serum?”

106. Yes!!
If the drug had the effect of a “truth serum,” then the suspect could not exercise his free will. It doesn’t matter whether the police realized the medication had that effect on the suspect. If the suspect could not exercise his free will, then his statements were compelled.

107. 4) Does interrogating someone without telling them their rights compel them to be a witness against themselves?

108. Sort of yes!!
When a person is interrogated by police, there is a great danger that the person will be compelled to speak. A person is put into an unfamiliar place away from other people.

109. Sort of yes!!
During an interrogation, police often behave in an intimidating way because they are trying to get information. In order to guard against people being compelled to speak against themselves, police must tell them what their rights are before questioning begins.

110. Miranda v. Arizona 1966 case in Arizona.
Miranda accused of kidnap & rape. He signs confession.
Police didn’t inform Miranda of his rights.
Court sides with Miranda.

111. 5) Did the “friend’s” offer of protection compel the suspect to be a witness against himself?

112. Yes!!
The only reason the prisoner confessed was because he was afraid that, without protection from his friend, other prisoners would hurt him. A threat of physical violence is enough to cause a statement to be compelled. There does not have to be actual physical violence.

113. 6) Did making him try on the shirt compel the suspect to be a witness against himself?

114. OJ glove video

115. No!!
Being a witness against yourself only applies to communication. When he was forced to put on the shirt, he was not forced to communicate anything. If the 5th Amendment could stop this, then it could also stop the jury from looking at the suspect and comparing him to a photograph of someone.

116. 7) Did forcing the suspect to give a blood sample compel him to be a witness against himself?

117. No!!
When the officer told the doctor to take the blood sample even after the suspect protested, the suspect was compelled to give blood. However, being a “witness” against yourself only applies to communication. The suspect was compelled to give physical evidence. He was not compelled to communicate anything.

118. 8) Did questioning the guy in the hospital compel the suspect to be a witness against himself?

119. Yes!!
The suspect was at the detective’s mercy. He could not move because of all the equipment he was hooked up to, and he was in a lot of pain. He also said he was confused and could not think clearly. The detective ignored all the suspect’s requests to stop the interrogation. Under these circumstances, the suspect was not able to exercise his free will.

120. 4th Amendment
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.

121. 4th Amendment

122. A guide to the 4th Amendment
The Fourth Amendment, or Amendment  IV of the United States Constitution is the section of the Bill of Rights that protects people from being searched or having their things taken away from them without any good reason.

123. A guide to the 4th Amendment
If the government or any law enforcement official wants to do that, he or she must have a very good reason to do that and must get permission to perform the search from a judge.

124. How does this work in schools?
Students do not give up all of their Fourth Amendment rights, even when they are on school grounds during the school day.
But the courts have recognized a reduced burden on the government to justify a search of a student’s person or possessions at school.

125. Reasonable vs. Probable Cause
REASONABLE SUSPICION is not the same as PROBABLE CAUSE.
You can have a reasonable suspicion even if you are not convinced there has been a crime committed.
Reasonable suspicion means that a person in the police officer’s position, knowing the information that is available to him, could reasonably believe that a crime has been committed or is about to be committed.
It’s not just a hunch, it has to be backed up by some evidence, but less than what you’d need for probable cause.

126. Reasonable vs. Probable Cause
Probable Cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search).

127. Mapp v. Ohio
Can evidence obtained without a search warrant be used against someone?
eos/16x9/SearchAndSeizure.mp4