Unit 71 st Amendment Protecting Your Rights Government.

Unit 7 1st Amendment

Protecting Your Rights

Government

Due Process

•Due Process- America’s duty to follow fair procedures when carrying out laws.•The 5th Amendment- government may not take away anyone’s “life, liberty, or property w/o the due process of law.”•Examples of Due Process

•Right to fair trial•Search warrants

Has this prisoner’s rights been violated?

Why or Why Not?

Protection from Govt. Intrusion

•4th Amendment- protects the right of property against unreasonable searches and seizures.•What is needed before your home can be searched by police?•Answer: A search warrant.•Before a search warrant is issued by a judge, probable cause is required.•Probable Cause- reasonable grounds for entry or search.•Exclusionary Rule- evidence that is illegally obtained is not allowed.

Obviously a chicken is not protected under the Constitution.

What about illegal immigrants? Should they be extended the same rights as US citizens?

Protection from the Government • Student Rights: Do school officials need a warrant

to search a student’s possessions?

• Answer: NO! New Jersey v. T.L.O. stated that school officials have the duty to protect the students’ health and safety. Only “reasonable” grounds are needed.

• Roe v. Wade: Abortion falls within the right to privacy. Even though “privacy” is not mentioned specifically in the Constitution.

DrugDog

Quiz

1. Which Amendment grants your right to due process?

2. What Amendment protects you against unreasonable search and seizure?

3. What 2 things allow police to search you or your property?

4. Which Supreme Court decision said schools to not need a search warrant?

5. What Supreme Court decision said abortion is a right of privacy?

Rights of the Accused

−Habeas Corpus: The police must give a reason for keeping you in jail.

−Bills of Attainder: laws that are directed at a specific person.

−Ex Post Facto Laws: you cannot be arrested or convicted for a crime if the law is written after your action.

−Grand Jury: Decide if the case should go to trial. A Presentment is issued calling for a trial.

Miranda v. Arizona

• Ernesto Miranda was questioned by police for 2 hours then confessed.

• The Supreme Court said the police did not tell Miranda he had the right to be silent and have an attorney present.

• You MUST be read your rights and be told what the charge is when you are arrested.

You have the rightto remain silent. Anything you say…

Fair Trial and Punishment• 6th Amendment: Right to a:

1. Speedy Trial2. Public Trial3. Trial by Jury− Change of Venue: change location of trial for

a fair trial.− Bench Trial: choice to have a trial by judge

instead of a jury.− Gideon v. Wainwright: If you cannot pay for a

lawyer, you have the right to a court appointed lawyer.

− Double Jeopardy: you cannot be put on trial more than once time for the same crime.

Fair Punishment• Cruel and Unusual Punishment:

The punishment must fit the crime. You cannot be put to death for going 50mph in a 30mph zone.

• Capital Punishment: The DEATH penalty.

• Furman v. Georgia (1972): declared the death penalty unconstitutional.

• Gregg v. Georgia (1976): Supreme Court reverses the decision on death penalty, but with some restrictions.

White 48%Black

40%

Latino 8%

Population % (2005 est.):

White 80%

Hispanic 15%

Black 13%

Asian 4%

Native American 1%

Asian 1%

Native American 1%

Quiz

1. Which Amendment grants the right to a speedy trial?

2. What happens if you cannot pay for a lawyer?

3. What is the term for the death penalty?4. Term that says you can only by on trial

once for a crime.5. These are laws directed at a particular

person?

Citizenship and Immigration

• Civic Responsibilities: Obligations that come with being a citizen−Examples: jury duty,

paying taxes, voting

• What ways can someone become a U.S. citizen?1. One parent is a US citizen- Jus Sanguinis (law of

the blood)2. Born on US soil- Jus Soli (law of the Soil)3. Naturalization- legal immigration process

• What are your responsibilities as a citizen?

A Nation of Diversity

• Is there a difference between prejudice and discrimination?

• Prejudice- an opinion made w/o facts.

• Discrimination- “acts” that are based in prejudice.

Have you experienced discrimination based on your race, gender, religion, or other characteristics about you?

Do you thing that people play the “race card” without knowing or investigating the true intentions of others? Was race a factor in the election of President Obama?

Write a page long short essay concerning the questions above. What are your opinions on these topics?

Illegal Immigration Debate• Questions to think about:

1. Is there a racial element?

2. What is Fair?

3. How does illegal immigration effect the US economy?

4. Is the current system good or bad?

5. What changes should be made?

6. What should happen to illegal immigrants?

Segregation

Plessy v. FergusonW

hat happened?

How

were the

cases decided?

What did the

courts say?

What w

as the

question?Brown v. Board of Education

Compare and contrast the cases below. Answer the questions below in detail. Read about the cases on page R12 in the back of the book before answering the questions.

Segregation• Jim Crow Laws- Made separating races the law. “White

only” water fountains, restaurants, schools.

• De Jure Segregation- segregation by LAW.

• De Facto Segregation- races naturally separate.

-Look around. Areas of Houston are White or Hispanic. Look at the cafeteria! Tables are typically segregated.

Affirmative Action- Quota system used to help end the effects of discrimination. The system is no longer law. Bakke v. University of California- Bakke was not admitted even though his credentials were better than many minorities that were admitted (called “Reverse Discrimination”)

Supporters- AA needed to end discrimination.Opponents- Opportunities should be merit-based.