CIVIL LIBERTIES
Protecting Individual
Rights
What does this mean?
“Most of all, we have got to remember
that the law is people…
Janet Reno (1995)
Meaning: goal of the law to serve people,
protecting both individual rights, & rights of those
accused of crimes
Making A Difference
For a young man, “real life” once was drugs, dropping out
of school, problems with NY City police. Then he turned
his lilfe around, earned his high school equivalency
diploma, joined Youth force, a community group. At age
17, he helped create the group’s South Bronx community
Justice Center to resolve neighborhood issues before they
became crimes. Teens, including former gang members,
worked w/lawyers, community leaders, & probation
officers. He advised young kids awaiting trial. He hoped
his story would keep them from making the same mistakes
he made.
Meaning of Due Process
• 2 due process clauses
• 5th Amendment – cannot be deprived of life, liberty, or
property, w/out due process (federal)
• 14th Amendment – same as 5th accept on state and
local government levels
• Meaning:
• Government must be fair w/regards to rules
• Due process requires government act and the laws
that it acts under must be fair
• Rochin vs. CA, 1952
• Rochin suspected narcotics dealer. Acting on a tip, 3
deputy sheriffs went to where he was staying. Forced
their way in. Deputies found him sitting on bed.
Spotted 2 capsules on nightstand. When asked,
“Whose stuff was that?” Rochin popped capsules into
his mouth. Officers jumped him, but he swallowed
them. He was taken to hospital, and his stomach was
pumped. Capsules were obtained and they contained
morphine. Rochin was convicted of violating State’s
narcotics laws
• Supreme Court overturned
• Deputies violated the 14th Amendment’s guarantee of
procedural due process:
• Illegally broke into his home
• Struggled to open his mouth
• Forced him to have contents removed from his stomach
Police Power
• Power of each state to safeguard our well-being
• Conflict between police power & individual rights
• Ex: drunk driving cases
• Allowed to use 1 or more tests to determine drunkenness
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Walking straight line
Touching nose
Breathalyzer test
Drawing blood sample
Does this requirement violate your rights under the
14th Amendment (Due Process Clause)?
Does test involve an unconstitutional search for and
seizure of evidence?
Does it amount to forcing a person to testify against
yourself (compulsory self-incrimination)?
Is it proper use of police power?
Courts side w/police power.
Reason: right of society to protect itself against
drunk drivers vs. individual rights
Courts find the public’s health & safety, morals,
and/or welfare more important
• Ex: promoting health
• Limit sale of alcohol & tobacco
• Make laws to combat pollution
• Require vaccination of school children
• Promoting safety
• Forbid concealed weapons
• Require use of seat belts
• Punish drunk drivers
• Promoting morals
• Regulate gambling
• Outlaw sale of obscene materials
• Outlaw prostitution
• Promoting general welfare
• Pass compulsory education laws
• Provide help to medically needy
• Limit profits of public utilities
Right of Privacy
• Due process creates a right to privacy
• Right to be free or left alone from unwanted gov’t
intrusions (except in limited cases)
• Ex: Griswold vs. Connecticut, 1965
• State law outlawing birth-control counseling & banned use
of birth-control devices
• Court stated in violation of 14th Amendment Due Process –
state had no business policing the marital bedroom
• Roe vs. Wade, 1973
• Most controversial of right to privacy
• Supreme Court struck down TX law making abortion a
crime except when needed to save mother’s life
• Court ruled in 1st trimester, state must recognize a
woman’s right to an abortion – cannot interfere w/dr.s
decision
• 2nd trimester, state acting in interest of women who get
an abortion can make reasonable regulations about
how, when, and where abortion can take place –
cannot prohibit abortion
• Final trimester, state acting to protect unborn child,
can prohibit all abortions except necessary to save life
or health of the mother
• Most important decision on issue of Roe vs. Wade
• Planned Parenthood of Southeastern PA vs. Casey,
1992
• Court gave this rule: “A state may place reasonable limits
on a woman’s right to have an abortion, but these
restrictions cannot impose an “undue burden” on her choice
of that procedure.”
• Court applied PA’s new Abortion Control Act
• Woman seeking abortion must be given professional counseling to
persuade her to change her mind
• Woman must delay abortion for @ least 24 hours after counseling
• Unmarried female under 18 must have parent consent, or permission
of a judge
• Dr.s and clinics must keep detailed records of all abortions
• A married woman does not have to tell her husband
Quiz
• What is meant by due process?
• What is police power?
• What is the right of privacy?
CIVIL LIBERTIES
Freedom and Security of
the Person
th
13
Amendment
• Ending slavery
• Occasional cases involving involuntary
servitude
• Forced labor
• Difference between involuntary servitude and
duty
• Selective service – draft
• Prison for committing a crime
• After Civil War civil rights cases on basis of 13th
amendment
Right to Bear Arms
• 2nd Amendment
• Allows each state to keep a militia (reservists)
• Not covered by 14th Amendment – due process
clause
• Each state then can limit the right to keep and bear
arms
Security of Home & Person
• 3rd & 4th Amendment
• Government must have just cause
• 3rd Amendment
• Forbids soldiers staying in homes w/out owner’s
permission
• 4th Amendment
• Prevents writs of assistance – blanket search warrants
• Provides against unreasonable searches & seizures –
must have probable cause
• Probable cause
• Reasonable suspicion of crime
• Ex: Florida v. J. L., 2000
Miami police given a tip that a teenager had a concealed
weapon on him. Police went to bus stop where they
were told teenager would be, and searched him finding a
gun on him, and arrested him.
Supreme Court said police acted illegally due to not
having a proper warrant. Police only had a tip, not
supported by other evidence.
• Warrants not always needed
• Evidence in plain view
• Ex: Minnesota v. Carter, 1999
2 men were in a friend’s apartment bagging cocaine. A
policeman saw them through an open window. Police
entered apartment, seized cocaine, and arrested them.
• Ex: Lindster v. Illinois, 2004
1997 police set up roadblocks on a busy highway trying
to find witnesses to a hit-and-run accident. Lindster was
stopped, police smelled alcohol on his breath. He failed
several sobriety tests. He was arrested for drunk driving.
His attorney argued he was forced to stop, who before
they stopped him had no probable cause to stop him
because did not believe him to have committed a crime.
• Lindster lost his case and conviction stood.
• Arrests
• Seizure of a person
• When police making lawful arrest do not need warrant
to search
• Police still need probable cause to arrest
• Cars
• Difficult to apply 4th amendment
• Courts usually uphold no warrant needed when
probable cause in order to search car, boat, airplane or
other vehicle.
• Reason: moveable, disappear while warrant being gotten
• Exclusionary rule
• Evidence obtained from an illegal search cannot be
used in court against the person it was taken
• Ex: Mapp v. Ohio
Cleveland police entered Mapp’s home looking for
gambling evidence. Police entered forcibly, w/out a
warrant. They did not find gambling evidence. Instead
found obscene materials. Mapp was sentenced to jail
time.
Court overturned conviction
Reason: evidence against her was found w/out a warrant
• Drug testing
• Involves searching a person
• Covered under 4th Amendment
• Can be done w/out warrant or indication of drug use
(random)
• Ex: Vernonia School District v. Acton, 1995
• All student athletes agree drug testing.
• Later extended to any competitive extracurricular
activity
• Wiretapping
• Police today need to obtain a warrant to install a bug
Quiz
• What is probable cause?
• What is the exclusionary rule, and what is it’s
purpose?
CIVIL LIBERTIES
Rights of the Accused
Habeas Corpus
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Writ of habeas corpus
Also known as “writ of liberty”
To prevent unjust arrests & imprisonments
Commands accused go to court, and officer show
cause, explain why accused not be released
• Cannot be suspended except:
• Rebellion
• invasion
• President Lincoln suspended in 1861
• Chief Justice Taney ruled unconstitutional
• Congress passed Habeas Corpus Act of 1863
giving power to President to suspend
• Since then has only been suspended 1 other time
• Hawaii’s governor suspended when Pearl Harbor was
attacked
• Supreme Court ruled governor had no power to do so
Bills of Attainder
• Legislative act giving punishment w/out a trial
• Ban placed on “bills of attainder”
• Legislative bodies cannot pass laws declaring
person guilty or state the punishment
Ex Post Facto Laws
• Law passed after the fact
• 3 features
• Criminal law
• Defining crime or providing for its punishment
• Applies to act committed before its passage
• A disadvantage of the accused
• Neither congress or states can pass such laws
• Ex: law passed crime to sell marijuana – person
who sold before law passed, law cannot apply
• Bills of attainder and ex post facto laws threaten
individual freedoms
Grand Jury
• 5th Amendment guarantees accused right to
• Formal way a person can be accused of serious
crime
• Federal cases contains 16-23 people from the area
• Need to have @ least 12 jurors to return indictment
• Grand jury is secret
• Indictment – formal complaint was prosecutor
brings before the grand jury
• If indictment returned on accused then trial is held
Double Jeopardy
• 5th Amendment guarantees against
• Person cannot be tried for the same crime twice
• Person can violate both federal & state law @
same time
• Ex: selling narcotics
• Can be tried then in federal court and state court
• When jury cannot agree on guilt or innocence –
no jeopardy applies
Speedy & Public Trial
• Speedy trial
• Provision of 6th Amendment
• Person be tried w/out delay
• 4 criteria determining delayed
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Length
Reasons
Delay harmed defendant
Did defendant ask for prompt trial
• Speedy Trial Act of 1974 states must not be more than
100 days
• Public trial
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6th Amendment states trial must be public
Also part of 14th Amendment “due process”
Cannot be too speedy or too public
Judge can limit # & kind of spectators
Media can be present, cannot damage right of fair trial
Trail by Jury
• Also known as “petit jury”
• “petit” – French word for small
• 6th Amendment also states person accused of
federal crime tried by impartial jury
• Jury must come from where crime committed
• Defendant may ask for “change of venue”
• Impartial jury may not be found
• Defendant may waive right to a jury trial
• If waived, bench trial held – only judge hears case
• Jury must have 12 members
• Federal cases can convict on unanimous vote
• No one can be kept off jury due to race, color,
religion, national origin, or sex
Right to Adequate Defense
• Provision of 6th Amendment
• Person accused of crime has right to best possible
defense allowed
• Defendant has right of following:
• Be informed of nature & cause of accusation
• To confront witnesses against him & ? them in court
• Have required process for obtaining witnesses in
his/her favor
• Have assistance of counsel for defense
• Can appeal conviction if those rights violated
Self-Incrimination
• Defendant cannot be forced to testify against his/
her self
• Burden of proof on prosecution
• Defendant does not have to prove innocence
• Defendant can “plead the 5th”
• Judge can deem if “pleading the 5th” may make
defendant or witness in contempt of court
• A person can be forced to “rat” on another
• Does not protect person from being fingerprinted,
photographed, submitting handwriting sample, or
appearing in line-up
• Cannot be forced to confess to crime under
pressure
Quiz
• What does “writ of habeas corpus” want to
prevent?
• Why are bills of attainder and ex post facto laws
not allowed?
• What guarantees does the 5th Amendment offer
the accused?
Quiz
• What are the provisions of the 6th Amendment
concerning rights of the accused?