Protecting Individual Rights CIVIL LIBERTIES. What does this mean? “Most of all, we have got to remember that the law is people… Janet Reno (1995) Meaning:

Protecting Individual Rights

CIVIL LIBERTIES

What does this mean?

“Most of all, we have got to remember that the law is people…

Janet Reno (1995)

Meaning: goal of the law to serve people, protecting both individual rights, & rights of those accused of crimes

Making A DifferenceFor a young man, “real life” once was drugs, dropping out of school, problems with NY City police. Then he turned his lilfe around, earned his high school equivalency diploma, joined Youth force, a community group. At age 17, he helped create the group’s South Bronx community Justice Center to resolve neighborhood issues before they became crimes. Teens, including former gang members, worked w/lawyers, community leaders, & probation officers. He advised young kids awaiting trial. He hoped his story would keep them from making the same mistakes he made.

Meaning of Due Process

• 2 due process clauses• 5th Amendment – cannot be deprived of life, liberty, or

property, w/out due process (federal)• 14th Amendment – same as 5th accept on state and local

government levels

• Meaning:• Government must be fair w/regards to rules

• Due process requires government act and the laws that it acts under must be fair

• Rochin vs. CA, 1952• Rochin suspected narcotics dealer. Acting on a tip, 3

deputy sheriffs went to where he was staying. Forced their way in. Deputies found him sitting on bed. Spotted 2 capsules on nightstand. When asked, “Whose stuff was that?” Rochin popped capsules into his mouth. Officers jumped him, but he swallowed them. He was taken to hospital, and his stomach was pumped. Capsules were obtained and they contained morphine. Rochin was convicted of violating State’s narcotics laws

• Supreme Court overturned• Deputies violated the 14th Amendment’s guarantee of

procedural due process:• Illegally broke into his home• Struggled to open his mouth• Forced him to have contents removed from his stomach

Police Power

• Power of each state to safeguard our well-being• Conflict between police power & individual rights

• Ex: drunk driving cases• Allowed to use 1 or more tests to determine drunkenness

• Walking straight line• Touching nose• Breathalyzer test• Drawing blood sample

Does this requirement violate your rights under the 14th Amendment (Due Process Clause)?

Does test involve an unconstitutional search for and seizure of evidence?

Does it amount to forcing a person to testify against yourself (compulsory self-incrimination)?

Is it proper use of police power?

Courts side w/police power.

Reason: right of society to protect itself against drunk drivers vs. individual rights

Courts find the public’s health & safety, morals, and/or welfare more important

• Ex: promoting health• Limit sale of alcohol & tobacco• Make laws to combat pollution• Require vaccination of school children

• Promoting safety• Forbid concealed weapons• Require use of seat belts• Punish drunk drivers

• Promoting morals• Regulate gambling• Outlaw sale of obscene materials• Outlaw prostitution

• Promoting general welfare• Pass compulsory education laws• Provide help to medically needy• Limit profits of public utilities

Right of Privacy

• Due process creates a right to privacy• Right to be free or left alone from unwanted gov’t

intrusions (except in limited cases)• Ex: Griswold vs. Connecticut, 1965

• State law outlawing birth-control counseling & banned use of birth-control devices

• Court stated in violation of 14th Amendment Due Process – state had no business policing the marital bedroom

• Roe vs. Wade, 1973• Most controversial of right to privacy

• Supreme Court struck down TX law making abortion a crime except when needed to save mother’s life

• Court ruled in 1st trimester, state must recognize a woman’s right to an abortion – cannot interfere w/dr.s decision

• 2nd trimester, state acting in interest of women who get an abortion can make reasonable regulations about how, when, and where abortion can take place – cannot prohibit abortion

• Final trimester, state acting to protect unborn child, can prohibit all abortions except necessary to save life or health of the mother

• Most important decision on issue of Roe vs. Wade• Planned Parenthood of Southeastern PA vs. Casey,

1992• Court gave this rule: “A state may place reasonable limits

on a woman’s right to have an abortion, but these restrictions cannot impose an “undue burden” on her choice of that procedure.”

• Court applied PA’s new Abortion Control Act• Woman seeking abortion must be given professional counseling to

persuade her to change her mind• Woman must delay abortion for @ least 24 hours after counseling• Unmarried female under 18 must have parent consent, or

permission of a judge• Dr.s and clinics must keep detailed records of all abortions• A married woman does not have to tell her husband

Quiz

• What is meant by due process?

• What is police power?

• What is the right of privacy?

Freedom and Security of the Person

CIVIL LIBERTIES

13th Amendment

• Ending slavery• Occasional cases involving involuntary

servitude• Forced labor

• Difference between involuntary servitude and duty• Selective service – draft• Prison for committing a crime

• After Civil War civil rights cases on basis of 13th amendment

Right to Bear Arms

• 2nd Amendment• Allows each state to keep a militia (reservists)• Not covered by 14th Amendment – due process

clause• Each state then can limit the right to keep and bear

arms

Security of Home & Person

• 3rd & 4th Amendment• Government must have just cause• 3rd Amendment

• Forbids soldiers staying in homes w/out owner’s permission

• 4th Amendment• Prevents writs of assistance – blanket search warrants• Provides against unreasonable searches & seizures –

must have probable cause

• Probable cause• Reasonable suspicion of crime• Ex: Florida v. J. L., 2000

Miami police given a tip that a teenager had a concealed weapon on him. Police went to bus stop where they were told teenager would be, and searched him finding a gun on him, and arrested him.

Supreme Court said police acted illegally due to not having a proper warrant. Police only had a tip, not supported by other evidence.• Warrants not always needed

• Evidence in plain view

• Ex: Minnesota v. Carter, 19992 men were in a friend’s apartment bagging cocaine. A policeman saw them through an open window. Police entered apartment, seized cocaine, and arrested them.

• Ex: Lindster v. Illinois, 20041997 police set up roadblocks on a busy highway trying to find witnesses to a hit-and-run accident. Lindster was stopped, police smelled alcohol on his breath. He failed several sobriety tests. He was arrested for drunk driving.

His attorney argued he was forced to stop, who before they stopped him had no probable cause to stop him because did not believe him to have committed a crime.

• Lindster lost his case and conviction stood.

• Arrests• Seizure of a person• When police making lawful arrest do not need warrant

to search• Police still need probable cause to arrest

• Cars• Difficult to apply 4th amendment• Courts usually uphold no warrant needed when

probable cause in order to search car, boat, airplane or other vehicle.• Reason: moveable, disappear while warrant being gotten

• Exclusionary rule• Evidence obtained from an illegal search cannot be

used in court against the person it was taken• Ex: Mapp v. Ohio

Cleveland police entered Mapp’s home looking for gambling evidence. Police entered forcibly, w/out a warrant. They did not find gambling evidence. Instead found obscene materials. Mapp was sentenced to jail time.

Court overturned conviction

Reason: evidence against her was found w/out a warrant

• Drug testing• Involves searching a person• Covered under 4th Amendment• Can be done w/out warrant or indication of drug use

(random)• Ex: Vernonia School District v. Acton, 1995

• All student athletes agree drug testing.

• Later extended to any competitive extracurricular activity

• Wiretapping• Police today need to obtain a warrant to install a bug

Quiz

• What is probable cause?

• What is the exclusionary rule, and what is it’s purpose?

Rights of the Accused

CIVIL LIBERTIES

Habeas Corpus

• Writ of habeas corpus• Also known as “writ of liberty”• To prevent unjust arrests & imprisonments• Commands accused go to court, and officer show

cause, explain why accused not be released• Cannot be suspended except:

• Rebellion• invasion

• President Lincoln suspended in 1861• Chief Justice Taney ruled unconstitutional• Congress passed Habeas Corpus Act of 1863

giving power to President to suspend• Since then has only been suspended 1 other time

• Hawaii’s governor suspended when Pearl Harbor was attacked

• Supreme Court ruled governor had no power to do so

Bills of Attainder

• Legislative act giving punishment w/out a trial• Ban placed on “bills of attainder”• Legislative bodies cannot pass laws declaring

person guilty or state the punishment

Ex Post Facto Laws

• Law passed after the fact• 3 features

• Criminal law• Defining crime or providing for its punishment

• Applies to act committed before its passage• A disadvantage of the accused

• Neither congress or states can pass such laws• Ex: law passed crime to sell marijuana – person

who sold before law passed, law cannot apply

• Bills of attainder and ex post facto laws threaten individual freedoms

Grand Jury• 5th Amendment guarantees accused right to• Formal way a person can be accused of serious

crime• Federal cases contains 16-23 people from the area• Need to have @ least 12 jurors to return indictment• Grand jury is secret• Indictment – formal complaint was prosecutor

brings before the grand jury• If indictment returned on accused then trial is held

Double Jeopardy

• 5th Amendment guarantees against• Person cannot be tried for the same crime twice• Person can violate both federal & state law @

same time• Ex: selling narcotics

• Can be tried then in federal court and state court

• When jury cannot agree on guilt or innocence – no jeopardy applies

Speedy & Public Trial

• Speedy trial• Provision of 6th Amendment• Person be tried w/out delay• 4 criteria determining delayed

• Length• Reasons• Delay harmed defendant• Did defendant ask for prompt trial

• Speedy Trial Act of 1974 states must not be more than 100 days

• Public trial• 6th Amendment states trial must be public• Also part of 14th Amendment “due process”• Cannot be too speedy or too public• Judge can limit # & kind of spectators• Media can be present, cannot damage right of fair trial

Trail by Jury

• Also known as “petit jury”• “petit” – French word for small

• 6th Amendment also states person accused of federal crime tried by impartial jury

• Jury must come from where crime committed• Defendant may ask for “change of venue”

• Impartial jury may not be found

• Defendant may waive right to a jury trial• If waived, bench trial held – only judge hears case

• Jury must have 12 members• Federal cases can convict on unanimous vote• No one can be kept off jury due to race, color,

religion, national origin, or sex

Right to Adequate Defense

• Provision of 6th Amendment• Person accused of crime has right to best possible

defense allowed• Defendant has right of following:

• Be informed of nature & cause of accusation• To confront witnesses against him & ? them in court• Have required process for obtaining witnesses in

his/her favor• Have assistance of counsel for defense

• Can appeal conviction if those rights violated

Self-Incrimination

• Defendant cannot be forced to testify against his/ her self

• Burden of proof on prosecution• Defendant does not have to prove innocence• Defendant can “plead the 5th”• Judge can deem if “pleading the 5th” may make

defendant or witness in contempt of court• A person can be forced to “rat” on another

• Does not protect person from being fingerprinted, photographed, submitting handwriting sample, or appearing in line-up

• Cannot be forced to confess to crime under pressure

Quiz

• What does “writ of habeas corpus” want to prevent?

• Why are bills of attainder and ex post facto laws not allowed?

• What guarantees does the 5th Amendment offer the accused?

Quiz

• What are the provisions of the 6th Amendment concerning rights of the accused?