Civil Liberties: Civil Liberties: Protecting Individual RightsProtecting Individual Rights

Reference Chapter 20

• Due Process

• Freedom and Security of the Person

• Rights of the Accused

• Punishment

Due Process

• essentially, the government must act fairly and lawfully

• Court has determined its meaning case by case.

• 14th Amendment means that due process guarantees must apply to statestate, locallocal governments and any administrativeany administrative action

Due ProcessDue Process

• procedural– how the government

acts

• Rochin v. California 1952

• substantive– the laws must be fair

• Pierce v. Society of Sisters 1925

10th Amendment reserves this power to the states

• Police Power:– to protect and promote

• public health• public safety• morals• general welfare

limits on alcohol, tobaccopollution lawsvaccinations

concealed weaponsseat belt lawsDUIs

gamblingpornographyprostitution

compulsory educationMedicaidPUC regulation

Police Power cannot violate Due process Clause of 5th/14th amendment

Right to Privacy

• Stanley v.Georgia 1969 —the right to be let alone

• Griswold v. Connecticut 1965 – can’t prohibit birth control counseling and the use of contraceptives

Right to Privacy

• Roe v. Wade 1973 – abortion

• 1st – no restriction• 2nd – reasonable regulations• 3rd – can prohibit all but medically necessary

• Planned Parenthood v. Casey 1992 – • women must receive counseling to persuade her against abortion• must wait at least 24 hours after counseling• unmarried minor must have parental or judicial consent• doctors and clinics must keep detailed records.

– does not place “ a substantial obstacle in the path of a woman seeking an abortion…”

Freedom of Security –Home and Person

• 4th Amendment – Warrants and Probable Cause– no general right to search or seize without a warrant

• exceptions– “plain view”

– “informational roadblocks and DUIs”

– after a person is arrested

– “common sense” grounds—suspect flight

– public place arrests with probable cause

4th Amendment – Warrants and Probable Cause

• Automobiles– “moveable scene of the crime”– California v. Acevedo 1991

• When it’s a lawful stop AND the police have probable cause, police do not need a warrant to search anything in the car.

4th Amendment – Warrants and Probable Cause

• Exclusionary Rule– Can’t be convicted with illegally acquired

evidence Mapp v. Ohio 1961– Exceptions

• “inevitable discovery”• “good faith”• “honest mistakes”

4th Amendment – Warrants and Probable Cause

• Drug-testing– employment– sports/extracurricular activity

• Wiretapping– with a warrant– Katz v. United States 1967 (phone booth)

• entitled to private conversation

– NSA electronic surveillance program

Rights of the Accused

• Writs of Habeas Corpus

• No bills of attainder, ex post facto laws

• Federal Grand Jury for serious crimes

• No double jeopardy

Rights of the Accused

• Speedy and Public Trial– but not too speedy or too public

• 45 minute murder trial w/hostile audience• tv in the courtroom

Rights of the Accused

• Trial by Jury– defendant may ask for a “change of venue”– defendant may decline-bench trial– juries may vary in size (6-12)

• may not require a unanimous decision

– no one may be excluded from jury duty based on gender, race, color, national origin or religion

Rights of the Accused

• Right to Counsel/No self-incrimination– Escobedo v. Illinois 1964– Gideon v. Wainwright 1963– Miranda v. Arizona 1966

Escobedo v. Illinois 1964

SC overturns

Miranda v. Arizona

Punishment

• Bail– no automatic entitlement to bail– justification for bail

• shouldn’t be jailed until proven guilty• better able to prepare for trial

– can’t be set at what is higher than what will reasonable assure that the defendant will appear. Stack v. Boyle 1951

• Preventive Detention– 1984 Congressional action

• judge can order “preventive detention” for someone who might commit another serious crime before trial.

• Supreme Court upheld the decision in 1987

Cruel and Unusual Punishment?

• Yes– burning @ stake– crucifixion– drawing & quartering– excessive force– deprivation– denationalization

Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community.

• No– firing squad– electrocution

• twice– lethal injection– hanging

– 3 Strikes Laws

Capital Punishment—Death Penalty

• 1972 – Court struck down state death penalties because they were capriciously and/or randomly applied.

• State response– Mandatory sentence –unconstitutional– 2-step procedure to apply the death sentence

• trial conviction• sentencing trial

Capital Punishment—Death Penalty

• 2-stage laws are OK– crime must result in death of victim– can’t be applied to the mentally challenged– can’t be applied to those under 18 at the time

of the crime– must be decided by the jury that convicted– defendant can’t be manacled at dp hearing

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