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


• 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. WadeUp 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 Cause-

Reasonable suspicion of a crime.

• Autos to homes-

Exculsionary 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 Attainder-

Can't inflict punishment w/o a trial

• Ex Post Facto Laws-

No laws that punish after the fact

Grand Jury and Double Jeopardy

• Formal way to move onto a trial after an indictment.

• Double Jeopardy-

5th 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 Jurypetit 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


• 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