Civil Liberties and Rights of the Accused. Civil Liberties vs. Civil Rights The gov’t has the...
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Transcript of Civil Liberties and Rights of the Accused. Civil Liberties vs. Civil Rights The gov’t has the...
![Page 1: Civil Liberties and Rights of the Accused. Civil Liberties vs. Civil Rights The gov’t has the power to rule over citizens, but its power has limits Civil.](https://reader030.fdocuments.in/reader030/viewer/2022013115/5697bf8f1a28abf838c8d61b/html5/thumbnails/1.jpg)
Civil Liberties and Rights of the Accused
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Civil Liberties vs. Civil Rights
• The gov’t has the power to rule over citizens, but its power has limits• Civil liberties – the Constitutional protections of citizens’
freedoms from gov’t abuse• are found in the Bill of Rights
• Civil rights – gov’t policies that protect individuals from discrimination by the gov’t or other individuals
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A Note About Rights
• Although people have rights, no rights are absolute (you CAN’T just do whatever you want!)
• When your rights get in the way of someone else’s rights, they aren’t rights anymore
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Federalism and Rights
• The Bill of Rights (first 10 amendments) originally only applied to the national gov’t
• The 14th Amendment requires state gov’ts to follow the Bill of Rights just like the national gov’t (known as the incorporation doctrine)
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1st Amendment - The Freedom of Religion
• Establishment Clause – the gov’t cannot establish a national religion
• Free Exercise Clause – the gov’t cannot choose to get in the way of your practice of religion
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Separation of Church and State
• The gov’t and religion are separated by the Constitution
• They can interact, but one cannot control the other
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The Lemon Test
• (From Lemon v. Kurtzman)• In order for a school to get aid from the gov’t,
the money…1.) Cannot be used for religious purposes2.) Cannot encourage or discourage religion3.) Cannot entangle the gov’t up in religion
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The Free Exercise Clause
• You have the right to believe and practice your religion as you wish (gov’t can’t get in the way of this)
• But your practice of religion CANNOT:– Violate criminal laws– Offend public morals– Threaten people’s safety
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1st Amendment – The Freedom of Speech
– You have the right to express your opinions and to hear others’ opinions
– Words have consequences – NOT everything is free speech!
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What ISN’T Free Speech?
– Slander – saying false and hateful things about someone to hurt their reputation
– Libel – writing false and hateful things about someone to hurt their reputation
– Seditious speech – threatening or encouraging the overthrow of gov’t by force or violence (action known as sedition)
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&#$!@ Obscenity
– Is NOT free speech– Something is obscene if:• 1.) encourages an excessive interest in sexual matters• 2.) It offensively depicts sexual material that is
censored by law• 3.) It lacks any tasteful artistic, literary, political, or
scientific value
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Also NOT Free Speech:
– Clear and Present Danger – if what you say can cause a dangerous or harmful situation (ex: yelling “FIRE!” in a movie theater)
– True Threats – threatening the well-being of someone else
– Fighting Words - words you say that cause someone to react violently
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– Symbolic speech - the expression of your ideas through your ACTIONS
– Ex. Issues: Burning the flag and picketing (going on strike)
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Texas v. Johnson (1989)Facts of the Case • In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
Question • Is the desecration of an American flag, by burning or
otherwise, a form of speech that is protected under the First Amendment?
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1st Amendment – Freedom of the Press
– Expression of ideas through printed words or images (ex: the media)
– (freedom of speech rules still apply)
– Prior restraint – the gov’t censoring you before you print or say something (NOT allowed)
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Freedom of Assembly and Petition
• You have the right to:– peaceably gather with others to express your
views on public policies– criticize the gov’t and ask them to fix problems
(petition)
• Assemblies include meetings, demonstrations, protests, etc.
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Limits on Assembly
• The gov’t can limit where, when, and how you assemble (to keep the peace)– Content neutral - gov’t cannot limit based on the content
(subject) of the assembly
• You cannot protest on private property (you don’t have the right to trespass)
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Freedom of Association
• Groups and organizations have the right to associate (interact) with who they wish
• Cannot be forced to associate with ideas that go against what they stand for
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Ch. 20 - Rights of the Accused
• Due Process - fair treatment according to the law• Found in the 5th and 14th Amendments
• Two types:• 1.) substantive due process - what the law is about must
be fair (substantive = what it’s made of, its substance)• 2.) procedural due process - how the law is enforced must
be fair (procedural = how you do it)
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Probable Cause
• You have the right against invasion of your privacy without probable cause
• probable cause - reasonable suspicion of a crime
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Search Warrants
• Search warrant - a court order that gives police permission to search private property (must have probable cause)You DO NOT need a search warrant if:
1.) the person consents to search2.) “in plain sight” - evidence is easily seen by the officer and can be taken
3.) if the suspect has been legally arrested 4.) cars stopped on probable cause
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The Exclusionary Rule
(exclude = leave out)• Evidence that is taken illegally cannot be used against
someone in court
• When the Exclusionary Rule doesn’t apply:• “inevitable discovery” - the evidence would have been
found lawfully anyway• “good faith” - if officials are trying to follow the law but
take evidence by mistake
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When Accused…
• Writ of habeas corpus - you have the right to be told why you’re being arrested– An officer must prove to a court that you should
be held for a crime (give a good reason)
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Ex Post Facto Laws
• (ex post facto= after the fact)• New laws cannot apply to people operating
before the new law was passed
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5th Amendment (Due Process)
– Serious crimes need a grand jury to indict (bring charges against)
– Double jeopardy - you can’t be accused of the same crime twice
– Self-incrimination - you can’t be forced to testify against yourself --> “right to remain silent” (also must be read your rights)
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6th Amendment
– You have the right to:• a speedy and public trial by an impartial (unbiased)
jury• Face the people accusing you• Get witnesses to testify in support of you• A lawyer to guide/counsel you through the trial
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The Jury• Jury duty is a citizen’s responsibility• Jurors are randomly selected from the area where the
crime took place• 12 people on a jury• Their decision on a case must be unanimous (all of them
agree)• If they are not 100% sure of guilt (reasonable doubt) they
must give a verdict of “not guilty”• If a jury can’t decide, it’s called a hung jury
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8th Amendment
– Protects against cruel and unusual punishment and excessive bail and fines
– Bail - money the accused must pay as a promise to come back to court• Can be held without bail in some cases• Cannot be excessive (too much $)
– Capital punishment - the death penalty