CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL...

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CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA

Transcript of CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL...

Page 1: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

CHAPTER 13, 14, 15

LIBERTY AND JUSTICE FOR ALL

CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE.

LAW IN AMERICA

Page 2: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

NATURALIZATION

• BECOMING A U.S. CITIZEN.

• “NATION OF IMMIGRANTS”

• ALIEN—HERE BUT DOESN’T PLAN ON BECOMING A CITIZEN.

• IMMIGRANT—HERE AND INTENDS TO BECOME A CITIZEN.

Page 3: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

BASIS OF CITIZENSHIP

• DRED SCOTT VS. SANDFORD—BASIS OF STATE CITIZENSHIP IN 1857.

• 14 AMENDMENT—ALL CITIZENS EQUAL IN THE EYES OF THE LAW.– “LAW OF SOIL”—BORN HERE.– “LAW OF BLOOD”—PARENTS HERE.– NATURALIZATION-BECOME CITIZENS.

Page 4: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

FIRST AMENDMENT

• SPEECH

• PRESS

• ASSEMBLY

• PETITION

• RELIGION

Page 5: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

DUE PROCESS

DUE PROCESS OF LAW:• GOVT. MUST FOLLOW

PROPER CONST. PROCEDURES IN TRIALS AND IN OTHER ACTIONS IT TAKES AGAINST INDIVIDUALS.

DUE PROCESS CLAUSE• 14TH AMENDMENT CLAUSE

THAT NO STATE MAY DEPRIVE A PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT……

Page 6: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

DISCRIMINATION VS. SEGREGATION

• DISCRIMINATION– UNFAIR TREATMENT

OF INDIVIDUALS BASED SOLELY ON THEIR RACE, GENDER, ETHNIC GROUP, AGE, PHYSICAL DISABILITY, OR RELIGION.

TESTS, HIRING, have to show intent to discriminate.

• SEGREGATION– SEPRATION OF

PEOPLE FROM THE LARGER SOCIAL GROUP.

PLESSY V. FERGUSON

BROWN V. BOARD

Page 7: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

DUTY VS. RESPONSIBILITY

• DUTY

THE HAVE TOO’S IN LIFE.

PAY TAXES, DRAFT

• RESPONSIBILITY

THE SHOULD DO’S IN LIFE.

VOTE, PRODUCTIVE CITIZEN, INVOLVE

Page 8: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

EXAMPLES OF CIVIL CASES

• 90% OF CASES HEARD AT THE STATE LEVEL INVOLVE CIVIL CASES.

1. CONTRACTS

2. PROPERTY

3. FAMILY RELATIONS

4. CIVIL WRONGS CAUSING HARM.

Page 9: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

PROBABLE CAUSE

• SUSPISION OF ILLEGAL ACTIVITY BY SOMEONE. EVIDENCE TO PROVE.

• SEARCH WARRANT

• PROTECTING PEOPLES’ FREEDOMS

Page 10: CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA.

RIGHTS OF THE ACCUSED

• SEARCH AND SEIZURES

WEEKS V. U.S. PG.399

• GUARANTEE OF COUNSEL

GIDEON V. WAINWRIGHT 401

• SELF-INCRIMINATION

MIRANDA V. ARIZONA PG.403

• DOUBLE JEOPARDY

• CRUEL AND UNUSUAL PUNISHMENT

FURMAN V. GEORGIA PG.405

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STEPS IN CIVIL AND CRIMINAL CASES.

CIVIL CASES STEPS

PLAINTIFF-COMPLAINT.

DEFENDANT-DEFEND

• HIRING A LAWYER• FILING THE COMPLAINT.

• PRETRIAL DISCOVERY

• RESOLUTION-NO TRIAL

• TRIAL

• AWARD

CRIMINAL CASESMISDEMEANORS FELONIES

1. INVESTIGATION AND ARREST.

2. INITIAL APPEARANCE.3. PRELIMINARY HEARING

OR GRAND JURY.4. PLEA BARGAINING5. ARRAIGNMENT AND

PLEAS