Civil Liberties:
Protecting Individual Rights
Reference Chapter 20
•
•
•
•
Due Process
Freedom and Security of the Person
Rights of the Accused
Punishment
Due Process
• essentially, the government must act fairly
and lawfully
• Court has determined its meaning case by
case.
• 14th Amendment means that due process
guarantees must apply to state, local
governments and any administrative
action
Due Process
• procedural
– how the government
acts
•
• substantive
– the laws must be fair
•
Rochin v. California 1952
Pierce v. Society of Sisters 1925
10th Amendment reserves this
power to the states
• Police Power:
– to protect and promote
•
•
•
•
public health
public safety
morals
general welfare
limits on alcohol, tobacco
pollution laws
vaccinations
concealed weapons
seat belt laws
DUIs
gambling
pornography
prostitution
compulsory education
Medicaid
PUC regulation
Police Power cannot violate Due process Clause of 5th/14th amendment
Right to Privacy
• Stanley v.Georgia 1969
—the right to be let alone
• Griswold v. Connecticut 1965 – can’t prohibit birth
control counseling and the use of contraceptives
Right to Privacy
• Roe v. Wade 1973 – abortion
• 1st – no restriction
• 2nd – reasonable regulations
• 3rd – can prohibit all but medically necessary
• Planned Parenthood v. Casey 1992 –
•
•
•
•
women must receive counseling to persuade her against abortion
must wait at least 24 hours after counseling
unmarried minor must have parental or judicial consent
doctors and clinics must keep detailed records.
– does not place “ a substantial obstacle in the path of a woman seeking
an abortion…”
Freedom of Security –Home and Person
• 4th Amendment – Warrants and Probable Cause
– no general right to search or seize without a warrant
• exceptions
–
–
–
–
–
“plain view”
“informational roadblocks and DUIs”
after a person is arrested
“common sense” grounds—suspect flight
public place arrests with probable cause
4th Amendment – Warrants and Probable Cause
• Automobiles
– “moveable scene of the crime”
– California v. Acevedo 1991
• When it’s a lawful stop AND the police have
probable cause, police do not need a warrant to
search anything in the car.
4th Amendment – Warrants and Probable Cause
• Exclusionary Rule
– Can’t be convicted with illegally acquired
evidence Mapp v. Ohio 1961
– Exceptions
• “inevitable discovery”
• “good faith”
• “honest mistakes”
4th Amendment – Warrants and Probable Cause
• Drug-testing
– employment
– sports/extracurricular activity
• Wiretapping
– with a warrant
– Katz v. United States 1967 (phone booth)
• entitled to private conversation
– NSA electronic surveillance program
Rights of the Accused
•
•
•
•
Writs of Habeas Corpus
No bills of attainder, ex post facto laws
Federal Grand Jury for serious crimes
No double jeopardy
Rights of the Accused
• Speedy and Public Trial
– but not too speedy or too public
• 45 minute murder trial w/hostile audience
• tv in the courtroom
Rights of the Accused
• Trial by Jury
– defendant may ask for a “change of venue”
– defendant may decline-bench trial
– juries may vary in size (6-12)
• may not require a unanimous decision
– no one may be excluded from jury duty based
on gender, race, color, national origin or
religion
Rights of the Accused
• Right to Counsel/No self-incrimination
– Escobedo v. Illinois 1964
– Gideon v. Wainwright 1963
– Miranda v. Arizona 1966
Escobedo v. Illinois 1964
SC overturns
Miranda v. Arizona
Punishment
• Bail
– no automatic entitlement to bail
– justification for bail
• shouldn’t be jailed until proven guilty
• better able to prepare for trial
– can’t be set at what is higher than what will
reasonable assure that the defendant will
appear. Stack v. Boyle 1951
• Preventive Detention
– 1984 Congressional action
• judge can order “preventive detention” for
someone who might commit another serious crime
before trial.
• Supreme Court upheld the decision in 1987
Cruel and Unusual Punishment?
• Yes
–
–
–
–
–
–
burning @ stake
crucifixion
drawing & quartering
excessive force
deprivation
denationalization
Such punishment as would amount to
torture or barbarity, any cruel and
degrading punishment not known
to the Common Law, or any fine,
penalty, confinement, or treatment
that is so disproportionate to the
offense as to shock the moral
sense of the community.
• No
– firing squad
– electrocution
• twice
– lethal injection
– hanging
– 3 Strikes Laws
Capital Punishment—Death Penalty
• 1972 – Court struck down state death
penalties because they were capriciously
and/or randomly applied.
• State response
– Mandatory sentence –unconstitutional
– 2-step procedure to apply the death sentence
• trial conviction
• sentencing trial
Capital Punishment—Death Penalty
• 2-stage laws are OK
– crime must result in death of victim
– can’t be applied to the mentally challenged
– can’t be applied to those under 18 at the time
of the crime
– must be decided by the jury that convicted
– defendant can’t be manacled at dp hearing
p. 523 in text