BILL
of
RIGHTS
• Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a redress
of grievances.
* The First Amendment to the U.S. Constitution
Freedom of Speech
What speech is protected?
• Speech includes much more than verbal oration and
need not include any words.
• The expression of artists, including the use of
symbolism, is protected under the First Amendment.
• The wearing of armbands with a peace symbol was
protected during the Vietnam War as symbolic
speech protected under the First Amendment.
Limitations
• Although speech is freer in the United States than in
many societies, federal and state laws do restrict many
kinds of expression.
• Some kinds of speech regarded as damaging to
individual interests (e.g., libel and slander) are limited.
• other forms of speech (e.g., obscenity) are restricted
by law because they are regarded as damaging to
society as a whole.
• Speech that is regarded as disruptive of public order
has long been beyond protection (e.g., “fighting
words” that cause a breach of the peace or false
statements that cause general panic). VIDEO
• Should there be some limits on what we are
free to say?
• How important is freedom of the press?
• What are "fighting words"?
• What words would you feel "assaulted" by?
• Do children and teenagers also have rights to
freedom of speech ?
• Is it ok to use profanity in public?
Gangs..Peaceable Assembly?
• Is it considered a first amendment right for
gangs to gather in the street or on corners?
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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, 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.'
What is a Search Warrant?
• A search warrant is an order authorizing police
officers to search for specific objects or
materials at a specific time and location.
• Police obtain these warrants by showing a
judge that they have probable cause to
believe that criminal activity is taking place
and that illegal contraband will be found at
the place to be searched.
Search Warrant
SEARCHES
• the 4th Amendment only protects people against
"unreasonable" searches. "Reasonable" searches
can override a person's Fourth Amendment
privacy concerns. Generally, the police need two
things before they can invade a persons
Watch Video
reasonable expectation of privacy:
• 1. PROBABLE CAUSE
• 2. A SEARCH WARRANT ISSUED BY A JUDGE
Consent to Search
Probable Cause
• The Fourth Amendment does not define probable cause; it is a term
developed by judges and lawyers to assist in determining the
reasonableness of a search.
• Probable cause occurs where the facts and circumstances of a
situation combined with a police officer's knowledge and
experience lead him to believe that criminal activity is occurring.
Thus, probable cause is somewhere above a mere suspicion but less
than beyond a reasonable doubt.
• A police officer cannot arrest a citizen without a warrant based
upon a hunch or mere suspicion.
• He must have "probable cause".
What is a Reasonable Expectation of Privacy?
• The Fourth Amendment only applies to searches that
violate a persons reasonable expectation of privacy. If
no reasonable expectation of privacy exists, then the
Fourth Amendment cannot protect that search.
• Courts ask two questions when determining whether
a person had a reasonable expectation of privacy:
• Did the person actually expect some degree of
privacy?
• Is society willing to recognize that person's
expectation of privacy?
Questions to ponder…hhmmmm
• 1. Are warrantless wiretaps, as a part of the
War on Terror "reasonable" searches, and thus
permissible under the Fourth Amendment?
• 2. How is a persons blood, body fluids and
DNA considered under the 4th amendment?
THE FIFTH AMENDMENT
• 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; nor shall
any person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for
public use, without just compensation.
• You have the right to remain silent.
• Anything you say can and will be used against you
in a court of law.
• You have the right to have an attorney present
before any questioning.
• If you cannot afford an attorney, one will be
appointed to represent you before any
questioning.
• Do you understand these rights?
Who is “Miranda” anyway?
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Miranda v. Arizona:
Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, in 1963.
Miranda was arrested after a crime victim identified him in a police lineup.
Miranda was charged with rape and kidnapping and interrogated for two hours
while in police custody. The police officers questioning him did not inform him of
his Fifth Amendment right against self-incrimination, or of his Sixth Amendment
right to the assistance of an attorney.
As a result of the interrogation, he confessed in writing to the crimes with which
he was charged. His written statement also included an acknowledgement that he
was aware of his right against self-incrimination. During his trial, the prosecution
used his confession to obtain a conviction, and he was sentenced to 20 to 30 years
in prison on each count.
Miranda's defense attorney appealed to the Arizona Supreme Court. His attorney
argued that his confession should have been excluded from trial because he had
not been informed of his rights, nor had an attorney been present during his
interrogation. The police officers involved admitted that they had not given
Miranda any explanation of his rights. They argued, however, that because
Miranda had been convicted of a crime in the past, he must have been aware of
his rights. The Arizona Supreme Court denied his appeal and upheld his conviction.
Questions to ponder..hhmmm
• 1. What is the role of the police in protecting the
rights of the accused, as guaranteed by the Fifth
and Sixth Amendments to the Constitution?
• 2. How might knowledge of these rights have
changed what Ernesto Miranda did when the
police questioned him?
• 3. Do you think the government should have to
inform each individual who is arrested of his or
her rights? Why or why not?
True or False?
• Police must read you the Miranda warning
when they arrest you.
• Police can't ask you any questions until they
read you the Miranda warning.
“PLEADING THE 5TH”
• … nor shall be compelled in any criminal case
to be a witness against himself…
• Video clip
What is Due Process?
• …… nor be deprived of life, liberty, or property,
without due process of law….
SIXTH AMENDMENT
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein
the crime shall have been committed, which
district shall have been previously ascertained by
law, and to be informed of the nature and cause
of the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his defense.
• Excessive bail shall not be required,
• nor excessive fines imposed,
• nor cruel and unusual punishments inflicted.
WHAT IS EXCESSIVE BAIL?
• Excessive Bail: an amount of bail ordered
posted by an accused defendant which is
much more than necessary or usual to assure
he/she will make court appearances,
particularly in relation to minor crimes. If
excessive bail is claimed, the defendant can
make a motion for reduction of bail, and if it is
not granted, he/she can then apply directly to
a court of appeal for reduction
Cruel & Unusual Punishment
• Under the Eighth Amendment to the U.S. Constitution,
individuals convicted of a crime have the right to be free of
"cruel and unusual" punishment while in jail or prison. This
means that after a criminal defendant is convicted and
sentenced, the Constitution still acts to guarantee his or her
fundamental rights concerning conditions of confinement
and treatment by corrections personnel.
• No universal definition exists, but any punishment that is
clearly inhumane or that violates basic human dignity may
be deemed "cruel and unusual." For example, in 1995, a
federal court in Massachusetts found that inmates' rights
were violated when they were held in a 150-year-old prison
that lacked toilets, and was fraught with vermin and fire
hazards.
The Death Penalty
Is this Cruel?
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In Texas, If an individual is convicted of a capital felony, he or she may be subject to
punishment by death, if the State seeks such punishment. A capital felony is one in
which an individual "intentionally or knowingly causes the death of an individual,"
under special circumstances. In particular, the:
murder of a public safety officer or firefighter in the line of duty
murder during the commission of specified felonies (kidnapping, burglary, robbery,
aggravated rape, arson)
murder for remuneration
multiple murders
murder during prison escape
murder of a correctional officer
murder of a judge
murder by a state prison inmate who is serving a life sentence for any of five
offenses; [or]
murder of an individual under six years of age1.
The Death Penalty
Video
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Name : Freeman, James
TDCJ Number : 999539
Date of Birth : 11/12/1980
Date Received : 11/10/2008
Age (when Received) : 27
Education Level: (Highest Grade Completed) 12th Grade
Date of Offense ; 03/17/2007
Age (at the time of Offense) : 26
Prior Occupation : Welder
Prior Prison Record : None
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Summary of incident
On March 17, 2007, during the early morning hours in Lissie, Wharton County, Texas, the subject
was attempting to elude Game Wardens who were attempting to pull subject over for shooting a
bird sitting on a fence with his .22 rifle. Another Game Warden tried to block the road when the
subject struck his vehicle, causing minor damage. Wharton County Sheriff's Officers were also
included in the chase of the subject. The subject was able to elude officers for approximately one
hour before the wheels of the subject's truck was spiked. The subject exited his vehicle and began
shooting a Glock model 33.357 Sig and an AK 47 assault rifle randomly at the officer's patrol
vehicles. The subject fired approximately 30 rounds of ammunition, striking the victim, a 34 year
old Game Warden. The victim was airlifted to Memorial Hermann Hospital in Houston, Texas, where
he was pronounced dead upon arrival.
Co-defendants : None
Race and Gender of Victim : 34 year old male.
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• TDCJ DEATH ROLE INMATE
Questions to ponder…hhmmmm
• Should taxpayers have to pay for the lifetime
“upkeep” of an offender who has committed
murder?
• Do you think that all people are basically good
and can be rehabilitated?
• Volunteer your personal thoughts on the
death penalty.
Individual Assignment
• You will be writing a mock editorial for the local paper in Huntsville, Texas.
Huntsville is the home to the states most vicious criminals and is known
for its high number of executions. You can choose which side to defend.
You may also wish to assume a persona directly related to a death roll
inmate, such as a victim's brother, defense attorney, an inmate's mother,
or an anti-death penalty demonstrator.
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Neutral Sites
The Death Penalty Information Center: Arguments For and Against
http://deathpenaltyinfo.msu.edu/c/about/arguments/contents.htm
Issues and Controversies: Death Penalty
http://www.facts.com/cd/i00015.htm
Bureau of Justice Statistics Capital Punishment Statistics
http://www.ojp.usdoj.gov/bjs/cp.htm
Capital Punishment (Internet Encyclopedia of Philosophy)
http://www.utm.edu/research/iep/c/capitalp.htm
Capital Punishment: Life or Death
http://www.cwrl.utexas.edu/~tonya/spring/cap/group1.htm
FINISHED!!