2. Edwards Learning Objectives Trace the process by which the Bill of Rights has been applied to the states Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights 4.1 4.2 4

3. Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights Describe the rights to assemble and associate protected by the First Amendment and their limitations 4.3 4 Edwards Learning Objectives 4.4

4. Describe the right to bear arms protected by the Second Amendment and its limitations Characterize defendants’ rights and identify issues that arise in their implementation 4.5 4 4.6 Edwards Learning Objectives

5. Outline the evolution of a right to privacy and its application to the issue of abortion Assess how civil liberties affect democratic government and how they both limit and expand the scope of government 4.7 4.8 4 Edwards Learning Objectives

6. Civil Liberties And Public Policy 4

7. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Se g1_v2.html Video: The Big Picture 4

8. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg2_CivilLiberties_v2.html 4 Video: The Basics

9. TABLE 4.1: The Bill of Rights – WHY THESE? 4.1 Trace the process by which the Bill of Rights has been applied to the states

10. Origins and application  Bill of Rights – Then and Now  Where does the idea of individual liberties guaranteed by the Bill of Rights come from??  Classical Liberalism and the Social Contract “We hold these truths to be self-evident…”  Who or what did the Bill of rights apply to in 1791? Barron v. Baltimore  Bill of Rights and the States: The process of incorporation  14 th Amendment?? Is there anything here that might impact the states in regard to the Bill of Rights?  Due Process Clause Equal Protection Clause 4.1 Trace the process by which the Bill of Rights has been applied to the states

11. 4.1 Incorporation Cases Your Task is to Identify: Background of the case (5w’s) Holding Which Amendment/Protection incorporated? 1.Gitlow v. New YorkSpeech 2.Near v. MinnesotaPress 3.DeJonge v OregonAssembly 4.Cantwell v ConnecticutFree Exercise 5.Everson v Board of EducationEstablishment Clause 6.McDonald v Chicago2 nd Amendment 7.Mapp v. OhioSearch and seizure (4 th ) 8.Aguilar v Texaswarrant requirement (4 th ) 9.Malloy v Hoganself incrimination (5 th ) 10.Benton v MarylandDouble Jeopardy (5 th ) 11.Gideon v WainwrightRight to Counsel (6 th ) 12.Robinson v CaliforniaCruel and unusual punishment (8 th )

12. TABLE 4.2: The Incorporation of the Bill of Rights 4.1 Trace the process by which the Bill of Rights has been applied to the states

13. Bill of Rights – Then and Now  Popular support Rights supported more in theory than practice Let the Clan speak??NIMBY  Civil liberties are not absolute Limitations?? Balanced against other values: security for instance….Patriot Act?? 4.1 Trace the process by which the Bill of Rights has been applied to the states

14. The Ten Commandments 4.1 Trace the process by which the Bill of Rights has been applied to the states It is up to the Court to determine complex civil liberty issues. Is this recognition of historic importance or an impermissible use of government power to establish religion?

15. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html 4.1 Video: In Context Trace the process by which the Bill of Rights has been applied to the states

16. a.Freedom of religion b.Freedom of speech c.Freedom of Assembly d.Freedom from excessive bail 4.1 4.1 Which right was the first to be incorporated? Trace the process by which the Bill of Rights has been applied to the states

17. 4.1 Which right was the first to be incorporated? a.Freedom of religion b.Freedom of speech c.Freedom of Assembly d.Freedom from excessive bail 4.1 Trace the process by which the Bill of Rights has been applied to the states

18. Freedom of Religion  Establishment Clause  Free Exercise Clause 4.2 Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

19. TPS: Should there be strict separation of religion and government?. Why or why not? Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

20. Separation of Church and State? Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

21. Separation of Church and State Church and government are constitutionally separated from one another. However, the government supports churches and religion in a variety of ways, including tax exemption. A wall of separation? Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

22. To The First! TPS Explain the significance of the following first Amendment Protections: – Establishment clause – Free Exercise Clause Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

23. Freedom of Religion Establishment Clause Guards against establishing a mandated religion. In effect, freedom from religion Free Exercise Clause Guards against the government interfering in the exercise of any religion. In effect, freedom for religion. Two guarantees of religious freedom: Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

24. Establishment Clause Case Studies: 1. Engel v. Vitale (1962) Engel v. Vitale 2. Abington School District v. Schempp (1963) 3. Epperson v Arkansas (1968) 4. Lemon v. Kurtzman (1971) Lemon v. Kurtzman 5. Stone v. Graham (1980) 6. Wallace v. Jaffree (1985) 7. Edwards v. Aquillard (1987) Edwards v. Aquillard 8. Lee v. Weisman (1992) 9. Zelman v. Simmons-Harris (2002) Case Background Holding Precedent Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

25. The Lemon Test The purpose of the aid must be nonreligious. The aid can neither advance nor inhibit religion. Aid must not excessively entangle the government with religion. The Lemon Test is based on Lemon v. Kurtzman, 1971. PA Non-Public schools reimbursement Act Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

26. Religion and Education The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. Released Time students can be released during school hours to attend religious classes, as long as the classes do not take place in a public facility Prayers and the Bible the use of prayer and the Bible in a religious way is not allowed in school or at school functions Abbington v. SchemppAbbington v. Schempp Student Religious Groups are allowed to meet in the school on the same basis as other student organizations Evolution a doctrine cannot be preferred or prohibited according to its relation to a religious theory Aid to Parochial Schools the Supreme Court uses the Lemon test to determine what public funding of church-related schools is acceptable Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

27. Other Establishment Clause Cases Seasonal Displays Lynch v. Donnelly, 1984— allowed the display of a nativity scene along with other nonreligious objects on public land Lynch v. Donnelly, County of Allegheny v. ACLU, 1989—prohibited an exclusively Christian holiday display County of Allegheny v. ACLU Pittsburgh v. ACLU, 1989— allowed a multi-faith holiday display Pittsburgh v. ACLU Chaplains The Supreme Court ruled in Marsh v. Chambers, 1983 that it was permissible for chaplains to open daily sessions of Congress and State legislatures Marsh v. Chambers

28. The Free Exercise Clause Limits Actions that violate social duties or disrupt social order are not covered under the Free Exercise Clause. – Examples: – Bigamy – Using poisonous snakes during religious ceremonies – Schoolchildren who have not been vaccinated – Faith healing of children (Wisconsin) snake handling Faith healing Free Exercise Upheld The Court has found many government actions to be counter to the Free Exercise Clause. – Examples: – Amish children cannot be forced to go to school after grade 8 (Wisconsin v. Yoder 1972)Wisconsin v. Yoder – Ministers are allowed to hold elective office – Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights  Belief versus practice Not all practices protected

29. Snake Handling: TPS Should it be protected? Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

30. School Prayer 4.2 Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

31. Muhammad Ali Draft dodger or conscientious objector? 4.2 Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

32. Free Exercise Clause  Belief versus practice Cannot violate rights of others Example case of the Amish: WI v Yoder Discrimination in employment based on Religion Religious groups are exempt from employment discrimination laws…however they loose tax-exempt status if they discriminate based on race.  Strict scrutiny Compelling state interest Narrowly tailored 4.2 Laws that have the effect of restricting religious practices are subject to strict scrutiny. They must show a compelling state interest in restricting the activity and be narrowly tailored to use the least restrictive means possible to achieve the state’s secular purpose. Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights Can belief be regulated?..Can Practice?

33. 4.2 Which of the following is not part of the Lemon test? a.A law must neither advance nor inhibit religion. b.A law must not foster government entanglement with religion. c.A law must not impose costs on religious organizations. d.A law must have a secular legislative purpose. 4.2 Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

34. a.A law must neither advance nor inhibit religion. b.A law must not foster government entanglement with religion. c.A law must not impose costs on religious organizations. d.A law must have a secular legislative purpose. 4.2 4.2 Which of the following is not part of the Lemon test? Distinguish between the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

35. Freedom of Expression  Prior Restraint  Free Speech and Public Order  Obscenity  Libel and Slander  Symbolic Speech  Free Press and Fair Trials  Commercial Speech  Regulation of the Public Airwaves  Campaigning 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

36. Prior Restraint  Near v. Minnesota (1931) Unconstitutional censorship Does not apply to students Exception for national security 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

37. Freedom of Speech “A function of free speech…is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.” Justice Douglas Associate Justice of the Supreme Court

38. The Free Exchange of Ideas Freedom of Speech and Freedom of Press guarantees are meant to: Protect each person’s right of free expression, whether spoken, written, or communicated in any other way. Protect all persons’ right to a complete discussion of public affairs. Freedom of Speech and Press do not protect: Libel, the false and malicious use of written words Slander, the false and malicious use spoken words Obscenity Words that incite others to commit crimes - Hate Speech and fighting words.

39. Libel and Slander  Defamation Libel = written Slander = spoken Standards for conviction high  Public figures New York Times v. Sullivan (1964) Intentionally malicious  Private individuals… Lower standard Defamatory falsehood Negligence 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights Why a higher standard for public officials?

40. Free Speech and Public Order  Schenck v. United States (1919) in 1919, the Court upheld the conviction of Charles Schenck for distributing leaflets urging men to resist the draft. Wartime trade-offs – Security for liberty “Clear and present danger” standard Dangerous or merely inconvenient? 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

41. Seditious Speech Congress has enacted three major laws to prevent sedition and seditious speech: The Alien and Sedition Acts—made scandalous or false criticism of the government illegal. Expired before Thomas Jefferson took office in 1801. The Sedition Act of 1917—made it a crime to encourage disloyalty or spread anti-government ideas during a time of crisis. Upheld by the Supreme Court in instances of “clear and present danger.” The Smith Act of 1940—forbade advocating violent overthrow of the government, and belonging knowingly to any group that does. The Supreme Court still upholds the constitutionality of the law, but over time has modified it so that it is difficult to enforce. Advocating belief vs. action Sedition is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct.

42. Senator Joseph McCarthy 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights  Anticommunism Smith Act (1940) prosecutions During the Cold War, anticommunist sentiment was especially fervent, and the federal government sought to prosecute anyone connected with the Communist Party. They used the Smith Act, which forbade advocating the violent overthrow of the government, to prosecute party leaders even in the absence of evidence that they were urging people to commit violence.

43. Free Speech and Public Order  “Imminent lawless violence” standard Brandenburg v. Ohio (1969) As we’ve discussed, the Court allowed the prosecution of people who were accused of being communists. In later years, as in the case of Brandenburg, the Court narrowed its interpretation, finding that it’s permissible to advocate the violent overthrow of the government in the abstract as long as doing so does not incite anyone to “imminent lawless violence.” 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

44. Hate Speech and Fighting Words

45. YOUR MOMMA IS SO UGLY, I COULD BARELY TAKE HER ON A DATE! AT LEAST I DON’T HAVE A NASTY MULLET!!! HOW DARE YOU MOCK MY MULLET!?!?!? THEM’S FIGHTIN’ WORDS!!

46. Hate Speech The court has allowed for penalty enhancement for hate crimes. However, as a society, we have refused to “outlaw” hate speech.hate crimes -In such cases we rely on the incitement test. -Hate Crime in Chappel HillHate Crime in Chappel Hill

47. Obscenity  Roth v. United States (1957) Obscenity not constitutionally protected But what is obscene?  Miller v. California (1973) Appeals to prurient interest Patently offensive Lacking serious literary or artistic value Average people/local standards  Regulating adult content The public supports restricting the availability of pornographic materials to minors, and the courts have upheld such restrictions. The problem is that advances in technology make it more difficult to prevent access to minors while allowing it for adults. 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

48. Violent video game?? 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights In 2011, the Court ruled that a California law banning the sale or rental of violent video games to minors violated the First Amendment because the games communicate ideas. Depictions of violence have never been subject to regulation the same way obscene materials have. Should they be?

49. Symbolic Speech  Examples of symbolic speech Wearing an armband Burning the U.S. flag Marching in a parade  Limitations Burning draft cards Threats 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

50. Symbolic Speech Symbolic speech is expression by conduct. Picketing, the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech. Supreme Court rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying draft cards (United States v. O’Brien, 1968) but it does encompass flag burning (Texas v. Johnson, 1989, and United States v. Eichman, 1990).United States v. O’BrienTexas United States v. Eichman

51. Free Press and Fair Trials  Can press coverage compromise the right to a fair trial? Sheppard Case Courts have not upheld restrictions Trials are public Sequestering juries  Zurcher v. Stanford Daily (1978) Journalists cannot withhold evidence News outlets are Subject to search warrants 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

52. Commercial Speech and Regulation of the Public Airwaves  Advertising Federal Trade Commission (FTC) No false claims Prohibitions on advertising legal services  Federal Communications Commission (FCC) Licensing and regulations Not applicable to cable and satellite 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

53. Commercial Speech Commercial Speech is speech for business purposes, usually advertising. For many years, it was believed that the 1st and 14th amendment guarantees did not protect advertising. In a handful of decisions in the 1970s, the Court held that advertising was protected, but not without exceptions. Exceptions include: barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television.

54. Howard Stern 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

55. Campaigning  Election Campaign Act of 1971  limited campaign contributions to candidates Buckley v. Valeo (1976) Spending money to influence elections is protected speech  McCain-Feingold Act (2002) Banned soft money contributions Banned certain advertising  Citizens United v. Federal Election Commission (2010)  Overturned restrictions on political broadcasts funded by third parties such as corporations…Corporations have 1 st Amendment protectons. 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

56. Case Studies The St. Patrick’s Day Parade (430) Hurley v Irish American GLIBSt. Patrick’s Day Parade Speech in Cyberspace (433) Reno v ACLU Reno v ACLU The Public Official’s Lawsuit for libel (435) New Your Times v Sullivan New Your Times v Sullivan The Case of the Offensive Speaker (436) Terminiello v Chicago Terminiello v Chicago The Case of Parade Permit Fees (443) Forsythe County v Nationalist Movement Forsythe County v Nationalist Movement Background Question Decision and rationale

57. 4.3 What is the current standard for constitutionally protected speech? a.The “imminent lawless violence” standard b.The “I know it when I see it” standard c.The “clear and present danger” standard d.None of the above 4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

58. a.The “imminent lawless violence” standard b.The “I know it when I see it” standard c.The “clear and present danger” standard d.None of the above 4.3 4.3 What is the current standard for constitutionally protected speech? Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

59. Freedom of Assembly  Right to Assemble  Right to Associate 4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations

60. Right to Assemble  Gathering to make a statement Conflict with public order Time, place, manner restrictions No viewpoint discrimination  Fine line with harassment Abortion providers 4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations

61. Ku Klux Klan 4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations The Supreme Court has generally upheld the right of any group, no matter how controversial or offensive, to peaceably assemble, as long as the group’s demonstrations remain on public property.

62. Westboro Baptists 4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations

63. Right to Associate  NAACP v. Alabama (1958) Membership lists protected  Military recruiters Public schools cannot prohibit them…Free speech 4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations

64. 4.4 What sort of restrictions can be placed on freedom of assembly? 4.4 a.Time b.Place c.Manner d.All of the above Describe the rights to assemble and associate protected by the First Amendment and their limitations

65. a.Time b.Place c.Manner d.All of the above 4.4 4.4 What sort of restrictions can be placed on freedom of assembly? Describe the rights to assemble and associate protected by the First Amendment and their limitations

66. Right to Bear Arms  Controversial right  Subject to national, state, and local restrictions  National Rifle Association (NRA)  Dems on gun control and NRA Dems on gun control and NRA  State militias or individuals?  District of Columbia v. Heller (2008)  McDonald v. Chicago (2010) 4.5 Describe the right to bear arms protected by the Second Amendment and its limitations

67. Gun show U.S. Gun Ownership U.S. Gun Ownership 4.5 Describe the right to bear arms protected by the Second Amendment and its limitations

68. 4.5 When was the Second Amendment incorporated? a.2010 b.1791 c.1868 d.2008 4.5 Describe the right to bear arms protected by the Second Amendment and its limitations

69. a.2010 b.1791 c.1868 d.2008 4.5 4.5 When was the Second Amendment incorporated? Describe the right to bear arms protected by the Second Amendment and its limitations

70. 4.6 Criminal rights Characterize defendants’ rights and identify issues that arise in their implementation One of the most important principles of constitutional law is that defendants in criminal cases have rights. Police must have probable cause or a search warrant in order to conduct a legal search or seize incriminating evidence. Here police officers read the suspect his rights based on the Supreme Court’s decision in Miranda v. Arizona.

71. Defendants’ Rights  Searches and Seizures  Self-Incrimination  Right to Counsel  Trials  Cruel and Unusual Punishment 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

72. FIGURE 4.1: The constitution and the Stages of the Criminal Justice System 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

73. Searches and Seizures  Fourth Amendment Probable cause Search warrants Various cases, lots of exceptions  Exclusionary rule Mapp v. Ohio (1961)  War on terrorism USA Patriot Act (2001) 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

74. The Fourth 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.” What is the problem with this part of the 4 th ? Characterize defendants’ rights and identify issues that arise in their implementation

75. Origins of the 4th Writs of Assistance – Open ended, or general warrants…open to the abuse of power “The right to be let alone – the most comprehensive of rights and the right most valued by civilized man.” Justice Brandeis Characterize defendants’ rights and identify issues that arise in their implementation

76. Under the 4th Searches and seizures must be reasonable and warrants for searches and arrests must be specific. – A constant balance between catching criminals and protecting privacy Characterize defendants’ rights and identify issues that arise in their implementation

77. Under the 4th Reasonable expectations of privacy: – The 4 th protects people, not places…wherever a person has a reasonable expectation of privacy. Katz vs. U.S. 1967 (Wiretap on Phone booth) – Anything a person knowingly exposes even in his/her home is not covered by the 4 th. – CA vs Greenwood: garbage bags on the curb…not protected. – Kyllo vs. U.S: thermal imaging for pot…is prohibited Characterize defendants’ rights and identify issues that arise in their implementation

78. Under the 4th Reasonable searches and seizures – Almost always require probable cause…Exceptions: Stop and Frisk (police) – Police may seize contraband and weapons Airport Searches – Metal detectors/scanners/pat-downs/strip searches Sobriety Checkpoints – Must be random Consent searches – Who can give consent?...landlord….roommate…? Random Drug testing – Public employees – Students » Police need probable cause…schools do not Characterize defendants’ rights and identify issues that arise in their implementation

79. Part 2 of the 4 th : the Warrant Clause “…and no warrants shall be issued, 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.” Characterize defendants’ rights and identify issues that arise in their implementation

80. The Warrant Clause All warrants must be based on probable cause – “…a reasonable belief that a particular person has committed a particular crime.” – Officers must present evidence to a judge in order to obtain a warrant. The warrant specifies “who and where” specifically Characterize defendants’ rights and identify issues that arise in their implementation

81. The Warrant Clause Exceptions: – Arrests for a crime in action: can search the immediate area w/o a warrant (must still file probable cause report (i.e. police report) with the local court within 48 hrs.) – Incident to lawful arrest – Plain view – Exigent (emergency) situations – Hot pursuit – Vehicles Characterize defendants’ rights and identify issues that arise in their implementation

82. The Exclusionary Rule Evidence obtained without a warrant may not be used against a defendant in a court of law.” Exceptions – Police believed the warrant was lawful…”good faith” – Inevitable Discovery Characterize defendants’ rights and identify issues that arise in their implementation

83. Five in the Fifth?  Grand Jury Indictment  Double Jeopardy  Self Incrimination  Due Process  Just Compensation 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

84. 1. Grand Jury Indictment Characterize defendants’ rights and identify issues that arise in their implementation

85. Grand Jury Indictment “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…” * The indictment clause covers civilians accused of serious crimes. * The Grand jury (23 citizen peers) determines whether there is sufficient evidence to prosecute * Meet in secret with prosecutor (why secrecy?) * Unlike a Petit Jury (6-12 people), a grand jury does not determine guilt. * Has never been incorporated to the states Characterize defendants’ rights and identify issues that arise in their implementation

86. 2. Double Jeopardy “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” Life or limb…and prison sentences Exceptions to Double Jeopardy – Hung juries – Appeals by the defendant – Separate state and federal charges – Prosecution appeals for a tougher sentence (except for death penalty…the state only gets one shot (no pun intended) to put a person to death) – Civil cases that result from a criminal case…OJ Characterize defendants’ rights and identify issues that arise in their implementation

87. 3. Self-Incrimination “…nor shall be compelled tin any criminal case to be a witness against himself,…”  Presumption of innocence Burden of proof on prosecution  Taking the 5 th, is not an admission of guilt  Includes any and all coerced confessions (Miranda v. AZ…)”coercion is inherent in all custodial questioning.”  Any statements made prior to Miranda rights cannot be used against you along with any evidence found as a result of those statements 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

88. 3. Self-Incrimination “…nor shall be compelled tin any criminal case to be a witness against himself,…”  Exceptions to the 5 th  Does not protect “deception” (undercover policing)  Public safety exception…”Where’s the bomb?”  If immunity is granted a witness may be compelled to testify  Applies to “testimonial evidence” only  Does not apply to blood samples, fingerprints, police line-ups, handwriting samples etc.  Note: lie detectors are considered to be testimonial…can you refuse to take the test?... 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

89. 4. Due Process “…nor be deprived of life, liberty, or property, without due process of law;…”  Due Process?  Found in two places – 5 th, 14th  An effort to avoid arbitrary actions by government  Specifies defined, uniform criminal procedures  2 types of due process:  Substantive due process examines the substance of the law. Does the law violate some right not specifically granted in the Constitution (fed segregation of schools in D.C. 1954)  Procedural Due Process sets out uniform defined procedures  Fair Jury trial  Presumption of innocence  Guilty beyond a reasonable doubt 4.6

90. 5. Just Compensation “…nor shall private property be taken for public use, without just compensation.”  Eminent Domain  Remember Barron v Baltimore(1833)?? Unfortunately for Barron his case came prior to the passage of the 14 th Amendment.  Must be for public benefit  Compensates owner for fair market value only 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

91. 5 th Amendment Case Study  Miranda v. Arizona (1966) Miranda v. Arizona Right to remain silent Knowledge that what you say can be used against you Right to an attorney present during questioning Right to have an attorney provided if you cannot afford one 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

92. Right to Counsel and Trials  Sixth Amendment right to attorney Gideon v. Wainwright (1963) State must provide attorney for indigent  Habeas corpus Not held without charge  Speedy and public trial by impartial jury  War on terrorism: The Patriot Act and GITMO 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

93. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,…”  Speedy?? Long delays can damage the reputation of the accused witness testimony becomes suspect with long delays Typically no more than 100 days from arrest to trial  Public? A safegard agains using the courts as an “…instrument of persecution.” Too Public??? Remember…Sheppard v. Maxwell (1966) Can move venue (Chai Vang) Can sequester the jury (OJ Simpson) Can forbid cameras…but cannot ban media coverage (gag orders) 6th Characterize defendants’ rights and identify issues that arise in their implementation

94. “…by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have previously been ascertained by law,…”  Trial by jury appears in three places in the Constitution: Art III, 6 th, 7 th Amendments …however, the vast majority of criminal cases are plea bargained (95%)  Jury trial standards Federal – 12 member unanimous decision State – 6-12, not all unanimous (except in Death Penalty Cases) Impartial Jury: Jury Selection Video Local Jury 6th Characterize defendants’ rights and identify issues that arise in their implementation

95. “…and to be informed of the nature and cause of the accusation,…”  The right to “know the charges” Arraignment (by grand jury or presentment) Hear the charges Enter a plea 6th Characterize defendants’ rights and identify issues that arise in their implementation

96. “…to be confronted with the witnesses against him,…”  The “confrontation clause” Witnesses cannot testify in secret Witnesses subject to cross-examination Prohibition “of hearsay” 6th Characterize defendants’ rights and identify issues that arise in their implementation

97. “…to have compulsory process for obtaining witnesses in his favor,…”  Subpoena Court order forcing a witness to testify Must be shared with the prosecution 6th Characterize defendants’ rights and identify issues that arise in their implementation

98. “…and to have assistance of council for his defense.”  Right to Council  Giddeon v Wainwright Giddeon v Wainwright 6th Characterize defendants’ rights and identify issues that arise in their implementation

99. Timeline: 2001: 1200 prisoners detained - Names withheld 2004: Supreme Court refuses to rule on Constitutionality of detentions of suspected terrorists Hamdi v. Rumsfeld: Court rules that detainees have a right to challenge detention before a judge 2006: Hamdan v Rumsfeld: Court rules Bush Policy of trying detainees on Guantanamo with military tribunals unconst. (No authorization by Congress) -In response Congress passes the Military Commission s Act - Denies access to the court system to detainees - Allows indefinite detention without prosecution 2008: Boumediene v Bush: Foreign terror suspects held at GITMO have the right to challendge detentions in U.S. Courts – MCA is Unconstitutional GITMO TODAY Guantánamo Bay prisoners 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

100. Cruel and Unusual Punishment  Eighth Amendment Not defined Incorporated in 1962 Prison overcrowding, Life for Juvenile offenders Death Penalty?? 3,300 on death row (CA, TX, FL have over ½) Furman v Georgia 1972 Uniform standards Gregg v. Georgia (1976) Death penalty not cruel and unusual McCleske v. Kemp (1987) Does not violate equal protection clause of the 14 th Amendment Even though More CP where victims are white 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

101. Cruel and Unusual Punishment  Eighth Amendment Today…Decline in executions Illinois Moratorium DNA Evidence? Ford v. Wainwright (1986) prohibits execution of mentally ill Atkins v Virginia (2002) prohibits execution of mentally retarded Roper v Simmons (2005) prohibits execution of minors. Coker v Georgia (1977) and Kennedy v. Louisiana (2008) prohibit death penalty in rape crimes where the victim was not killed 4.6 Characterize defendants’ rights and identify issues that arise in their implementation

102. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg5_CivilLiberties_v2.html 4.6 Video: In the Real World Characterize defendants’ rights and identify issues that arise in their implementation

103. Explore Civil Liberties: Should the Government Apply the Death Penalty? http://media.pearsoncmg.com/long/long_edwards_mpslgi a_16/pex/pex4.html 4.6

104. Right to Privacy  Is There a Right to Privacy?  Eternal Controversy over Abortion 4.7 Outline the evolution of a right to privacy and its application to the issue of abortion

105. Is There a Right to Privacy?  How privacy is implied in Constitution Religion: Right to exercise private beliefs Search and seizure: Right to privacy in your home Right to be left alone…1 st, 3 rd, 4th  Griswold v. Connecticut (1965) Court states right to privacy implied 4.7 Outline the evolution of a right to privacy and its application to the issue of abortion

106. Controversy over Abortion  Roe v. Wade (1973) Prohibits state bans on abortion However a woman’s right to an abortion is not absolute Balancing test…dual interests State interest in protecting women’s health State interest in protecting prenatal life as a pregnancy progresses and the fetus becomes more viable, states can enact increasingly stringent restrictions on abortion  Planned Parenthood v. Casey (1992) From “strict scrutiny” to “undue burden” …made it easier for states to place restrictions on abortion services by stating that such restrictions were unconstitutional only if they placed an “undue burden” on a woman seeking an abortion. Health codes, admitting privileges, etc. 4.7 Outline the evolution of a right to privacy and its application to the issue of abortion

107. 4.7 FIGURE 4.3: The Abortion Debate and the “single issue voter” phenomenon Outline the evolution of a right to privacy and its application to the issue of abortion

108. 4.7 What famous Supreme Court case prevented states from outlawing abortion? 4.7 a.Planned Parenthood v. Casey b.Roe v. Wade c.Griswold v. Connecticut d.None of the above Outline the evolution of a right to privacy and its application to the issue of abortion

109. a.Planned Parenthood v. Casey b.Roe v. Wade c.Griswold v. Connecticut d.None of the above 4.7 4.7 What famous Supreme Court case prevented states from outlawing abortion? Outline the evolution of a right to privacy and its application to the issue of abortion

110. Understanding Civil Liberties  Civil Liberties and Democracy  Civil Liberties and the Scope of Government 4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

111. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg4_CivilLiberties_v2.html Video: Thinking Like a Political Scientist 4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

112. Civil Liberties and Democracy  Democracy depends upon freedom of expression Need information to make decisions Majority rule versus minority rights Elites have protected minorities 4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

113. Civil Liberties and the Scope of Government  Liberty and individualism prevail  Can’t hide from vast government Technology enables more intrusion Irony that more government is needed to provide more protection 4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

114. 4.8 How does the Constitution limit democratic rule? a.By preventing a minority from passing unpopular laws b.By preventing the majority from restricting minority rights c.By preventing a minority from overruling the majority d.All of the above 4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

115. a.By preventing a minority from passing unpopular laws b.By preventing the majority from restricting minority rights c.By preventing a minority from overruling the majority d.All of the above 4.8 4.8 How does the Constitution limit democratic rule? Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

116. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA _1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Seg6_v 2.html 4 Video: So What?

117. 4 Further Review: On My PolisciLab  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests