February 25th, 2009
• When should the rights of an individual be
considered less important than the rights of
larger society?
20.1
• Due Process: in whatever it does, the
government must act fairly and in accordance
with established rules
• Substantive due process: deals with the
substance and policies of governmental
action
• Procedural due process: deals with the
procedures and methods of governmental
action
20.1
• Examples of due process (pg. 565):
– Procedural: Rochin v. California, 1925
– Substantive: Pierce v. Society of Sisters, 1922
20.1
• Police Power: the authority of each state to
safeguard the well-being of its people
– When could police power and civil rights
protections conflict?
– Search warrant: a court order authorizing a
search
20.1
• Promote health
– Limit sale of alcohol and tobacco, make laws to
combat pollution, require vaccinations
• Promote safety
– Regulate the carrying of concealed weapons, require
the use of seatbelts, punish drunk drivers
• Promote morals
– Regulate gambling, outlaw sale of obscene materials
and practice of prostitution
• Promote general welfare laws
– Compulsory education laws, provide help to medically
needy, limit profits of public utilities
20.1
• Right of Privacy
– The government cannot intrude into one’s
privacy
• What issues could be considered private?
– Most controversial: reproductive rights
– Griswold v. Connecticut, Roe V. Wade
February 26th,2009
• What kinds of rights are guaranteed to us
regarding our personal security?
Grab a book please!
20.2
• Vocabulary
– Involuntary Servitude: forced labor
– Discrimination: bias or unfairness
– Writs of Assistance: blanket search warrants;
illegal in United States
– Probable Cause: reasonable suspicion of crime
– Exclusionary Rule: evidence gained as the result
of an illegal act by police cannot be used
13th Amendment: page 774
20.2
• 13th Amendment: Section 1
– Forbids involuntary servitude
– Does not include the draft or imprisonment for
crimes
20.2
• 13th Amendment: Section 2
– Allows government to make laws prohibiting
discrimination based on ancestry or racial
characteristics
20.2
• The Right to Keep and Bear Arms
– Not protected by due process clause
– Each state can limit the right to keep and bear
arms
20.2
• Security of Home and Person
– 3rd and 4th Amendments say that that government
cannot violate the home or person of anyone in
this country without just cause
• 3rd Amendment: forbids quartering of
soldiers in private homes
• 4th Amendment: police must have warrant
and probable cause
20.2
• Florida vs. J.L., 2000
• In what circumstances do police not need a
warrant?
20.2
• Arrests
– Can arrest a person in a public place without a
warrant
– 4th amendment protection comes into play when
the officer has somehow restrained the liberties
of a citizen by show of force
March 2, 2009
• Good morning! Please grab a textbook.
20.2
• Automobiles
– Do not need warrant if probable cause
– Why? Considered to be a movable crime scene
20.2
• Drug Testing
– May be conducted without warrants or any
indication of drug use
• Enforced in two cases involving drug enforcement
officers
– How does this apply to school?
• Random testing of students who want to participate in
competitive extracurricular activity
20.2
• Wiretapping
– 4th amendment protects rights, regardless of
where you are (home, phone booth, etc)
– Considered legal if warrant is obtained first
20.2
• Exclusionary rule: evidence gained as result
of an illegal act by police cannot be used in
court
• 5 cases have defined this rule (p. 573):
– Mapp v. Ohio
– Nix v. Williams
– United States v. Leon
– Maryland v. Garrison
– Hudson v. Michigan
Review: 20.2
• Please answer the following questions in your
textbook:
– P. 574 # 1-6
20.3 Journal
What rights do you have if you are accused of a
crime?
Please get a textbook before you have a seat
20.3 Vocabulary
• Writ of habeas corpus: A court order which
prevents unjust arrests and imprisonment
• Bill of Attainder: A legislative act that inflicts
punishment without a court trial
• Ex Post Facto Law: A law applied to an act
committed before its passage
• Grand jury: The formal device by which a person
can be accused of a serious crime
20.3 Vocabulary
• Indictment: A formal complaint before a grand
jury which charges the accused with one or
more crime
• Double jeopardy: No person can be tried for the
same crime twice
• Bench trial: A trial in which the judge alone
hears the case
• Miranda Rule: the constitutional rights which a
police must read to a suspect before questioning
can occur
• You will create a two column journal for
section 20.3 of your book
• For each section headed in red, please have at
least two responses
• Responses can be connections you have made
to something else we have studied, a question
that you don’t understand, a challenge to
something you have read, how this relates to
your personal life, etc.
20.4: Vocabulary
• Bail: a sum of money that the accused may be
required to post as a guarantee that they will
appear in court at the proper time
• Preventative Detention: federal judges can order
an accused felon to be held without bail if there
is good reason to believe that they will commit
another serious crime before trial
• Capital Punishment: The death penalty
• Treason: betrayal of one’s country
Instructions
• 4 groups total
• Choose the three most important supporting
details from your section
• You will be responsible for sharing these with
the class
• You will be held responsible for other groups’
material on the test