United States Government Unit 5: The Judicial Branch CH. 14: CITIZENSHIP & EQUAL JUSTICE A. Immigrants and Aliens Immigrants come to a new country intending to live there permanently; aliens live in a country where they are not citizens. Protections provided by the Bill of Rights apply to aliens as well as citizens. Aliens cannot vote; most are exempt from military duty and serving on juries. B. Immigration Policy Congress has the power to control immigration and taken numerous steps since the 1880s the curb and/or limit the number and origin of immigrants coming into the United States. C. Citizenship by Birth Citizens by the “law of the soil” are born in the U.S. or its territories. Children born to a parent who is a U.S. citizen are also citizens by the “law of blood,” including children born in another country to American parents. D. Citizenship by Naturalization Naturalized citizens have most of the rights and privileges of native-born citizens. Congress has established qualifications for naturalization: 1. Applicants must be of good moral character and have entered the U.S. legally. 2. Applicants must be able to read, write, and speak English. 3. Applicants must show basic knowledge of American history and government and support the principles of American government. E. Losing Citizenship Only the federal government can take away citizenship. A person may lose citizenship voluntarily or involuntarily. F. The Responsibilities of Citizens Responsible citizens need to know about the laws that govern society. Responsible citizens participate in political life. G. Searches & Seizures The Fourth Amendment offers protection from unreasonable searches and seizures. Today most police searches are conducted with a court warrant. H. Guarantee of Counsel The Sixth Amendment guarantees a defendant the right to an attorney. Federal and state courts generally provides an attorney for defendants who cannot afford one. I. Self-Incrimination The Fifth Amendment protects a person from self- incrimination and against forced confessions. The Miranda (1966) decision expanded the protections of persons arrested as suspects in a criminal case. J. Double Jeopardy The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime. In the case of a hung jury, a second trial is not double jeopardy. K. Cruel & Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. L. Meaning of Equal Protection Both the Fourteenth Amendment and the Fifth Amendment require that all people are entitled to equal rights and equal protection of the law.