Civil Rights and Civil Liberties. The Unalienable Rights The Constitution protects the rights of...
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Transcript of Civil Rights and Civil Liberties. The Unalienable Rights The Constitution protects the rights of...
The Unalienable Rights
• The Constitution protects the rights of individuals against government.
• America’s commitment to freedom led to the creation of the Bill of Rights (BOR).
• The BOR are the first 10 amendments of the Constitution.
The Unalienable Rights
• Securing personal freedoms against government was the driving force of the American Revolution.
• The Constitution, when it was first written contained many guarantees of freedom, but it did not include a list of people’s rights.
The Unalienable Rights
• This caused an argument over needing to add in writing, a listing of rights.
• Remember, Anti-Federalists (against making new Constitution) vs. Federalists (for it).
• Ten rights were agreed upon and thus were added, becoming the BOR.
The Unalienable Rights
• BOR quick run down:
• 1. Gives people the right to freedom of religion, speech and assembly.
• 2. Gives people right to own guns.
• 3. Military cannot force citizens to give them room and board.
The Unalienable Rights
• 4. Government cannot seize property without warrant or probable cause.
• 5. Do not have to testify against yourself, cannot be tried for the same crime twice.
• 6. Right to fair trial and access to a lawyer.
The Unalienable Rights• 7. Guarantees a jury trial in federal civil cases.
• 8. Punishments for crimes must be fair and not excessively cruel.
• 9. People have more rights than those listed in the Constitution.
• 10. States have all power not given to federal government in Constitution.
The Unalienable Rights
• The Constitution guarantees civil rights, and civil liberties to all citizens – but what is the difference?
• Civil liberties are protections against the government like speech and religion.
• Civil rights are protections from the government like discrimination.
The Unalienable Rights
• However, the rights granted by limited government are not absolute.
• Just as our government is limited, or in other words, it has to obey laws and rules.
• Our rights are not absolute – or not above the law either.
The Unalienable Rights
• The Constitution gives us rights, but that doesn’t mean we can do anything we want.
• Are freedoms end when we infringe on others’ rights.
• Example is Morse v. Frederick in 2007 – Supreme Court ruled 5-4 that banner promoted drug use and was not protected by freedom of speech.
The Unalienable Rights
• Federalism also affects individual rights.
• Federalism is the relationship between national government and state government.
• The BOR are protections people have against the national government, not the states.
The Unalienable Rights
• Thanks to the 14th Amendment, states cannot deny the BOR to anyone.
• 14th Amendment is also called the Due Process Clause, which protects all rights that are basic and essential.
• Supreme Court has ruled that the BOR are all basic and essential.
The Unalienable Rights
• The 9th Amendment is also important when it comes to protecting people’s rights.
• The 9th Amendment points out that just because a right is not listed in the Constitution, doesn’t mean that we don’t have it.
• It serves as almost like a safety net to the BOR – anything not covered is also inferred.
YOUR TURN TO WRITE
• How did America’s commitment to freedom lead to the creation of the BOR?
• What does it mean when we say the rights guaranteed to us are not absolute?
• How do the 14th Amendment and the 9th Amendment help protect our rights?
Due Process of Law
• Why is due process of law important to a free society?
• Did you know that DNA evidence obtained through medical technology has reversed over 200 cases recently?
• Those are innocent people who have been in prison for crimes they did not commit.
Due Process of Law
• The Constitution has two due process clauses – the 5th and 14th Amendments.
• 5th Amendment says that the government cannot deprive life, liberty, or property without due process of the law.
• 14th Amendment says that states must do the same.
Due Process of Law
• Due process of the law means that government must act fairly and within the rules.
• This also means that laws must be fair as well.
• Here is an example of due process of law in action:
Due Process of Law
• Rochin v. California 1952.
• Rochin was a suspected drug dealer – police got a tip about where he was – police busted into his apartment – Rochin grabbed drugs and swallowed them – police had his stomach pumped – he was convicted.
• However, Supreme Court said “not so fast!”
Due Process of Law
• Judges ruled that police violated Rochin’s rights by busting into his apartment and forcing his stomach to be pumped.
• Due process of the law kept Rochin free from conviction.
• Speaking of police – each state’s police power plays an important role in due process.
Due Process of Law
• Police power is designed to protect and promote safety in society.
• The use of police power is often controversial causing the courts to determine the balance between the good of society, and an individual’s rights.
• One of the most common battles is over drunk driving.
Due Process of Law
• Each state has its own drunk driving tests – walking, breathalyzers, etc.
• Question is raised – is it a violation of individual rights to force someone to take a drunk driving test?
• Usually the courts side with the police because the safety of society is at risk.
Due Process of Law
• Famous case – Schmerber vs. California where courts sided with police when they ordered a doctor to draw suspects blood.
• Due process of law also is related to people’s right to privacy.
• Right to privacy is someone’s right to be let alone.
Due Process of Law
• The most compelling right to privacy issue is abortion – a woman’s rights to terminate a pregnancy.
• In Roe vs. Wade in 1973 – the Supreme Court ruled that a Texas law, making abortion a crime was unconstitutional.
Due Process of Law
• They ruled this way because they believed it violated a woman’s due process of the law.
• Since the ruling there has been numerous challenges to abortion.
• Anti-abortion supporters have won some minor battles recently placing serious regulations of getting abortions.
YOUR TURN TO WRITE
• Explain the meaning of due process of the law, and why it is important to a free society.
• What is police power, and why is it important to balance it with individual rights?
• What is the right to privacy, and how far should the law protect your right to privacy?
Freedom and Security
• How does the Constitution protect your freedom and provide you security?
• The Constitution is a rule book for government – but also says what the government cannot do to you.
• It lists freedoms and securities that you have.
Freedom and Security
• The 13th Amendment ends slavery in the U.S. – but also ends involuntary servitude.
• You cannot be forced to work to pay off a contract or debt that has already been given.
• This does not protect citizens from duty in the military, or convicted criminals from doing work in prison.
Freedom and Security
• However, even after the 13th Amendment, people were still allowed to practice private discrimination.
• This did not end until the Civil Rights movement in the 1960s.
• Jones vs. Mayer 1968 – Courts ruled that private discrimination is illegal as well.
Freedom and Security
• The 2nd Amendment gives citizens the right to bear arms – allows for the citizen soldier.
• This amendment has limits too – U.S. vs. Miller 1939 – weapons cannot be shipped across state lines without a license.
• Felons and mentally ill cannot have weapons – or near schools or government buildings.
Freedom and Security
• 3rd and 4th Amendments also provide securities – government cannot violate your home without just cause.
• 3rd Amendment prohibits military forcing you to provide room and board.
• British troops used this often in the Colonies – hasn’t been challenged since 1791.
Freedom and Security
• 4th Amendment developed after British commonly searched homes for smuggled goods.
• Now, probable cause or a warrant is needed for a search.
• Example – Florida vs. J.L. 2000 – police get a tip about a man with a concealed weapon.
Freedom and Security
• They find him at a bus stop and search him – they find a gun – they arrest him.
• This is illegal – no probable cause or warrant.
• However, Courts have allowed for arrests “in plain view” – man bagging cocaine in home – police see him through an open window – legal arrest.
Freedom and Security
• Courts have also supported roadblocks – Lidster vs. Illinois 2004 – man arrested for drunk driving at roadblock stop – no probable cause or warrant needed to stop his car.
• Arrests are considered seizure of a person – but no warrant is needed for an arrest.
• Illinois vs. Wardlow – man arrested after running from police car – probable cause.
Freedom and Security
• When it comes to cars, trucks, planes and boats, they are considered moveable crime scenes – no warrant needed.
• Police can search but need to prove probable cause later in trial.
• Since 1991 police can search all parts of cars – including locked glove compartments.
Freedom and Security
• Police can also determine probable cause from a police dog’s reaction.
• However – they cannot search you without probable cause or a warrant.
• Obtaining evidence correctly is important because of the Exclusionary Rule.
Freedom and Security
• This rule states that evidence obtained illegally cannot be used in trial – police must obey rules and laws themselves.
• Critics to the rule claim it allows criminals to walk free over a technicality.
• To prevent this, Courts have narrowed the Exclusionary Rule.
Freedom and Security
• Drug tests and screenings are allowed – no warrant, no probable cause.
• Trend is for school districts to use this on all athletes and extracurricular activities.
• Patriot Act of 2001 has also given authorities more freedom in investigating.
Freedom and Security
• Patriot Act was created to combat terrorism activity in U.S.
• Federal agents – with a warrant – can search property without owner knowing – take photographs, and notes.
• Wiretapping or bugging has also been a controversial issue.
Freedom and Security
• Wiretapping for a long time was allowed because it was not considered searching property.
• However, Katz vs. U.S. 1967 changed that – man made calls about illegal gambling from public phone booth that was bugged.
• Court ruled it should have been private – so now warrants are needed to wiretap.
YOUR TURN TO WRITE
• How does the Constitution provide freedom and security for you? Be SPECIFIC.
• Do you agree with the restrictions placed on the government when it comes to arresting and gathering evidence against suspected criminals? Explain your answer.
Rights of the Accused
• Okay, so after due process of the law you have been arrested – what now?
• Think about this quote: “It is better to let ten guilty criminals go free than to punish one innocent person.”
• Even after arrest you still have rights protected by the Constitution.
Rights of the Accused
• Habeas Corpus – prohibits unjust arrests and states that you cannot be held without reason.
• Explains the charges and when you get a trial.
• Habeas Corpus has been suspended in the past during times of war – Civil War and World War II.
Rights of the Accused
• Bills of Attainder – a legislative act – produced by Congress.
• Allows for punishment to be carried out without trial.
• Does not happen anymore – accused have right to a fair trial.
Rights of the Accused
• Ex Post Facto Law – Latin term meaning “after the fact”.
• Prevents government from making a law and then arresting you for breaking it before it was a law.
• This only applies to criminal law – this can happen with civil laws – taxes are an example.
Rights of the Accused
• A person who is accused of breaking a serious criminal law facing a punishment of death or imprisonment has the right to a grand jury.
• Grand jury is made up of 16 to 23 citizens who listen to the evidence and determine if evidence is good enough to have a trial.
• The grand jury stage is a private session – no media – and prosecution questions only.
Rights of the Accused
• A minimum of 12 votes from jurors are needed to pass an indictment – that evidence is good enough to have a trial.
• The grand jury stage is not a trial – just to determine if a trial should occur.
• When it goes to the trial stage, the accused has even more rights.
Rights of the Accused
• Double jeopardy – an accused person can only be tried once for a crime.
• However, in many crimes have more than one offense.
• Example – robbing a liquor store after it closed – unlawful entry and theft.
Rights of the Accused
• Speedy and public trial – trials must occur within a reasonable time.
• 100 days maximum between arrest and start of trial.
• Public trial means people can come and watch – this guarantees that process is fair.
Rights of the Accused
• Judge can limit the amount of spectators, or clear the courtroom as he or she wishes.
• In Federal Courts, no television cameras are allowed – but some state courts allow.
• Press involvement jeopardizes the accused right to a fair trial – Supreme Court has overruled some cases based on media.
Rights of the Accused
• Trial by jury – accused is tried in front of an impartial jury of his or her peers.
• Jury must be a diverse group of citizens from the same state and district of crime.
• Accused can request different venue if they feel they cannot receive a fair trial.
Rights of the Accused
• Accused can also waive their right to a jury which means the judge decides on case.
• Usually there are 6 to 12 people on a jury and a guilty verdict must be unanimous in a criminal case.
• Adequate defense – accused has the right to a lawyer.
Rights of the Accused
• The accused also has the right to question witnesses and gather witnesses.
• Escobedo vs. Illinois 1964 – accused was denied permission to speak to a lawyer and his confession was thrown out.
• Self-Incrimination – accused cannot be forced to testify – or answer questions on trial.
Rights of the Accused
• This puts the pressure on the prosecution to prove guilt of the crime.
• However, this does not mean that witnesses do not have to testify – you can be forced to “rat” somebody out.
• This also does not give accused power to deny fingerprints, photographs, or police lineup.
Rights of the Accused
• Ernesto Miranda a mentally challenged man accused of kidnapping and rape.
• He did not understand his rights as an accused criminal.
• His case created the Miranda Rights – forces police to read rights before questioning.
Rights of the Accused
• However, this does not apply to undercover cops – suspects can be questioned without being read Miranda Rights.
• Miranda Rights are controversial – does it allow criminals to walk free too often?
• Supporters claim it allows police to present a rock solid case on a suspect instead of relying on a questionable confession only.
YOUR TURN TO WRITE
• “It is better to let ten guilty criminals go free than to punish one innocent person.” Do you agree or disagree with this? Why?
• Does freedom of the press interfere with the right to a fair trial? Explain.
• Do the Miranda Rights let too many criminals walk free, or is it necessary in a free society?
Punishment
• The Constitution sets limits on punishments for a crime.
• The first is bail – the sum of money the accused pays to the court to guarantee they will show up for trial.
• This enables the accused to not have to be restricted to jail until they are guilty.
Punishment
• If the accused is not in jail, they can prepare for a trial better.
• However, sometimes the court can deny bail – called preventive detention.
• This is done on a case to case situation depending on the type of crime or if there is reason to believe the accused will commit another crime.
Punishment
• The 8th Amendment in the Constitution prohibits cruel and unusual punishment for citizens.
• Wilkerson vs. Utah 1879 – man was convicted of murder and sentenced to death by firing squad.
• The Supreme Court ruled against method of sentence – considered cruel and unusual.
Punishment
• In the majority opinion court stated citizens are protected from “all barbaric tortures, such as burning at the stake, crucifixion, drawing and quartering”.
• What is not considered cruel and unusual?
• Two prisoners in a cell designed for one – ok.
Punishment
• Death penalty is ok – most controversial.
• Executing prisoners is called “Capital Punishment” – today the Federal Government allows it, and 35 states allow it.
• Capital Punishment can only be a sentence if the victim of the crime died.
Punishment
• There are two stages for all Capital Punishment cases.
• 1. Regular trial to determine if the accused is guilty of the crime.
• 2. After accused is found guilty, jury listens to arguments for and against death penalty.
Punishment
• Restrictions against the death penalty include that no mentally challenged person may be executed.
• No one under 18 years of age may be executed.
• Capital Punishment very controversial – over 125 prisoners released from death row because they were innocent in last 30 years.
Punishment
• What is treason?
• Treason is a major crime against the United States – can only be charged when U.S. is at war.
• Levying war against the U.S. – or aiding enemies against the U.S.
Punishment
• Treason law applies to all U.S. citizens – home and abroad.
• If U.S. is not at war and someone spies or helps spies against the U.S. it is not treason – considered espionage or sabotage.
• The punishment for treason is death penalty.
YOUR TURN TO WRITE
• When is the death penalty allowed to be considered as a punishment?
• What is treason, and how is it different from espionage and sabotage?
• BIG ONE: How does the Constitution set limits on punishments for crime? Use the following terms: Bail, 8th Amendment, Cruel and Unusual, Capital Punishment, Jury.
Diversity and Discrimination
• The Constitution guarantees equal rights for all citizens under the law.
• However, that interpretation has changed over time.
• America was built on the concept of freedom – “all men are created equal”.
Diversity and Discrimination
• Ironically, over 400 slaves worked on the construction of the capitol building.
• The Equal Protection Clause – government cannot discriminate unreasonably.
• Example: Government can tax smoking products, but government cannot tax blonde smokers.
Diversity and Discrimination
• Supreme Court makes all rulings on equal protection using the rational basis test.
• Does the law in question achieve a reasonable governmental purpose?
• If yes, than the Court will defend the law and allow it.
Diversity and Discrimination
• Example: Statutory rape – illegal for a man to have “relations” with a girl under 18.
• Rational basis test – does this achieve a reasonable governmental purpose?
• Yes – it prevents underage pregnancies from getting out of hand.
Diversity and Discrimination
• Example: Alabama law allowed women to receive alimony payments after divorce, but not men.
• Rational basis test – does this achieve a reasonable governmental purpose?
• No – no reason to discriminate between men and women in this case – unconstitutional.
Diversity and Discrimination
• Segregation by race – the separation of one race from another.
• After the Civil War, former slaves were free – many states made segregation laws.
• These were called Jim Crow laws – prevented blacks from having equal access to public facilities.
Diversity and Discrimination
• These included, schools, parks, cemeteries, restaurants, railroads, buses.
• Jim Crow laws were challenged in Court by Plessy vs. Ferguson – black man forced to sit in different rail car.
• The Supreme Court ruled that “separate but equal” is allowed – as long as facilities are equal.
Diversity and Discrimination
• Problem with that – what does “equal” mean?
• Separate but equal was the law for 60 years in the U.S. – allowed segregation.
• Finally in 1954, another court case – Brown vs. Board of Education overruled Plessy vs. Ferguson – ended segregation in public schools.
Diversity and Discrimination
• However, progress from Brown vs. Board of Education was slow – especially in south.
• It was not until the Civil Rights Movement of the 1960s that sped things up.
• Civil Rights Act of 1964 – cut off federal money to any state with segregation.
Diversity and Discrimination
• This forced all states to shape up – or become economically damaged.
• However, even though segregation by law is illegal, de facto segregation still exists.
• De facto segregation is natural, society driven segregation.
Diversity and Discrimination
• Schools are still segregated in areas because housing patterns are segregated.
• Contrast percentage of black students here, with percentage of black students in St. Louis City schools.
• De facto segregation – not a law, happens naturally.
Diversity and Discrimination
• Classification by gender – women have also struggled for equal protection through history.
• 1920 women were given right to vote – other laws struck down other gender segregation.
• Gender classification still exists by law in some parts – female security guards at male prisons.
Diversity and Discrimination
• There is also de facto gender segregation – not by law – but by society.
• Women who share similar college degrees are paid significantly less than men.
• This will only change through time.
YOUR TURN TO WRITE
• What were the Jim Crow laws – and what was the purpose of them?
• What was important about Plessy vs. Ferguson and Brown vs. Board of Education?
• What is gender segregation, and which gender has suffered to achieve equal rights in America?
Civil Rights Laws
• America has a long history of Civil Rights laws – debate and passage – since the Civil War.
• Most Civil Rights laws did not pass until after the Civil War – 100 years later.
• Most opposition to the laws came from southern politicians who used filibusters and other means to block laws.
Civil Rights Laws
• The Civil Rights Act of 1964 was the longest debate in Senate history – 83 days.
• When it was finally passed, it provided tremendous protection for all citizens.
• The law states that no person can be denied access or service in a public place because of race, religion, gender, or physical disability.
Civil Rights Laws
• The law also forced employers to stop discriminating based on race, religion, gender, or physical disability when it came to hiring.
• The Civil Rights Act of 1964 paved the way for the Civil Rights Act of 1968.
• That law states that you cannot discriminate when it comes to selling or renting homes.
Civil Rights Laws
• Why was the Civil Rights movement important?
• Because it finally enforced what America was founded on – equal rights and tolerance.
• Not just for African-Americans, but for every citizen.
Civil Rights Laws
• In 1972, another important law called Title IX was established.
• This law states that any school receiving Federal money cannot discriminate when it comes to programs.
• This has had a huge impact on schools – especially athletics – especially in college.
Civil Rights Laws
• Colleges have had to provide equal opportunities to women’s sports – same number of programs – equal funding.
• Title IX has received criticism because some college men’s teams have been eliminated to comply with the law.
Civil Rights Laws
• Another controversial “equality driven” program is Affirmative Action.
• It was created to force employers to take steps to make up for previous problems regarding discrimination.
• Affirmative Action’s goal is to make the work force resemble the general population of the area.
Civil Rights Laws
• The benefits of Affirmative Action include:
• Prevents inequalities of pay and promotions.
• Provides jobs for more minorities and more females.
Civil Rights Laws
• The negatives of Affirmative Action:
• In some cases has caused “reverse discrimination”.
• Reverse discrimination is when employers do not consider any candidate from the majority population, so they can hire a minority.
Civil Rights Laws
• Affirmative Action came under fire in the courts recently.
• In 1997 a white female applied to the University of Michigan (YUCK!) and was rejected in favor of a minority.
• The minority scored lower on the entrance exam, and had a lower G.P.A.
Civil Rights Laws
• The woman was named Gratz and the case went to the Supreme Court – Gratz vs. Bollinger.
• Supreme Court ruled 6-3 in favor of Gratz – claiming that University of Michigan (YUCK!) went against Gratz’s 14th Amendment rights – equal protection under the law.