protecting-individual

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Protecting Individual Rights
Tulsa Race Riots
Due Process
Due Process in the 5th and 14th
• The Government Must act fairly within the
rules
• 1.Substantive Due Process-The What
(policies) and action
• 2.Procedureal Due Process-The How
(methods)
• 2. Example:Rochin v California -pumped
drugs from stomach
• 1. Example: Pierce v. Society of Sisters must attend public school
Police Power
• Authority for each
state to protect
• Ex: Drunk Drivingsobriety test is ok
doesn't violate 14
amendment
• Tobacco laws,
Vaccinations for
children
The Right to Privacy
• Stanley v Georgia,
Griswold v Conn.
• Roe v. Wade-Up to
the woman in the 1st
trimester, Regulations
in 2nd, and only if
mother's life is
threatened in 3rd.
Freedom and Security
• 13th amendmentinvoluntary servitude
covers both private
citizens and the
government
• Section 2discrimination, Jones
v Mayer, can't refuse
to sell property based
on color
Security of Home and Person
• Writs of Assistance
are illegal by the 4th
and 14th amendment.
• Probable CauseReasonable suspicion
of a crime.
• Autos to homesExculsionary rule,
can't use illegally
obtained evidence.
Dirty old Lady, Mapp
v. Ohio
Drug Testing to Wire Tapping
• Court has ruled that tests can be given
without warrant on random basis. This
goes for students who sign a contract to
play sports as well.
• Wire Tapping- Originally, the Court held
that it was fine because the listening was
outside the home. However, that changed
in 1967 to include a warrant. The Patriot
Act runs contrary to this decision.
Korematsu v. United States
Rights of the Accused
You can't do that!
• Writ of Habeas
Corpus -Body
Evidence needed to
hold you. Exception:
Rebellion, Invasion.
• Bill of AttainderCan't inflict
punishment w/o a trial
• Ex Post Facto LawsNo laws that punish
after the fact
Grand Jury and Double Jeopardy
• Formal way to move
onto a trial after an
indictment.
• Double Jeopardy5th amendment
guarantee you can't
be tried for the same
crime twice
Speedy and Public Trial
• Reasonable time-100 days, unless mental
tests are involved or a witness is ill.
• Public trial-Not too speedy, and who is
allowed in the ct room including media is
up to the judge.No TV in federal Cts
• Trial by Jury-petit jury, can be moved if no
impartial jury can be found, you can waive
it to a bench trial as well, or plead guilty.
Right to an Adequate Defense
• Gideon v. Wainwright case, public defense
• Escobedo v. Illinois and Miranda v. Arizona
• Self-Incrimination-5th amendment, you
Can be forced to rat out someone else
Punishment
•
•
•
•
Bail and detention-no excessive
$$. But it can be denied if flight
risk or good chance of committing
another crime
Cruel and Unusual punishment-No
torture Etc. The Three Strikes rule
is different
Capital Punishment-two stage
approach and only for murder for
the mentally fit. Governors can
commute the sentence to life
Treason- Art. 3, section 3-levying
war, aid and comfort, two wittness
are needed EX: John Brown
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