all men are created equal!!! they are endowed by their creator with certain unalienable rights!!!!

Individual Rights are older than the Constitution! In the Declaration of Independence Jefferson stated:

All men are created equal!!! They are endowed by their

creator with certain unalienable rights!!!! Life Liberty The Pursuit of Happiness

A Commitment to A Commitment to Freedom and Limited Freedom and Limited

GovernmentGovernmentThe listing of the unalienable or general rights of people can

be found in the first ten first ten amendmentsamendments of the

Constitution or Bill of RightsBill of Rights.

The 14th amendment14th amendment added to the Constitution’s guarantees of

personal freedom.

“All persons born in the U.S. are citizens of this All persons born in the U.S. are citizens of this country and the state they reside in. country and the state they reside in. No No state state

shall make or enforce any law which deprives any shall make or enforce any law which deprives any person of life, liberty, or property, without person of life, liberty, or property, without due due

process of lawprocess of law,, nor deny to any person within its nor deny to any person within its jurisdiction to the jurisdiction to the equal protection of the lawsequal protection of the laws.”.”

The The CongressCongress shall have power to shall have power to enforceenforce by by appropriate legislation, the provisions of this appropriate legislation, the provisions of this

article.article.

Positive acts of government that seek to make

constitutional guarantees a reality for all people….

No discrimination on basis of race, sex, religious belief,

etc.Voting AmendmentsVoting Amendments

Civil Rights Acts

Civil RightsCivil Rights

1. Cannot be deprived from voting based on race, color or previous

condition of servitude. (15th (15th Amendment, 1870)Amendment, 1870)

2. (17th Amendment, 1913), (17th Amendment, 1913), direct election of US Senators

3. No person can be deprived from voting based on their sex. (19th (19th

Amendment, 1920)Amendment, 1920)4. Citizens are not required to pay a poll tax to vote (24th Amendment, (24th Amendment,

1964)1964)5. 18 years of age were given the right

to vote. (26th Amendment, 1971)(26th Amendment, 1971)

qual to vote

civil rights

African-American African-American Civil Rights LawCivil Rights Law

Civil RightsCivil RightsAct of 1964Act of 1964

Abolished the use of voter Abolished the use of voter registration or a literacy registration or a literacy

requirement to discriminate requirement to discriminate against any voter.against any voter.

24th24thAmendAmendmentment

(1964)(1964)Banned the poll tax.Banned the poll tax.

Voting Voting Rights Rights

Act of 1965Act of 1965

Banned literacy tests in Banned literacy tests in counties where over half of counties where over half of

eligible voters had been eligible voters had been disenfranchised.disenfranchised.

•President Johnson President Johnson meeting MLK meeting MLK

discussing Civil discussing Civil Rights. Rights.

•President Johnson’s President Johnson’s support of Civil support of Civil

Rights was Rights was continuation of continuation of

President Kennedy’s President Kennedy’s stand on Civil Rights.stand on Civil Rights.

Personal rights/freedoms government cannot

interfere with either by law, the Constitution or judicial

procedure.Free speech, religion &

press.Fair trial

Bill of Rights

Civil LibertiesCivil Liberties

Freedom of Religion Freedom of Speech Freedom of the Press Right of Assembly Right of Petition Right of a Speedy and Public

Trial by a Jury No Unlawful Search or Seizures

The Bill of Rights – Amendments 1 to 10!

Your Civil Liberties

6th AmendmentRight to Speedy, Public TrialRight to Trial by JuryRight to Be Informed of ChargeRight Confront WitnessesRight to Obtain WitnessesRight to Counsel7th AmendmentTrial by Jury in Civil Cases over $20.008th AmendmentNo Excessive Bail or FinesNo Cruel or Unusual Punishment9th AmendmentUnenumerated Rights Not Denied to the

People10th AmendmentUndelegated Powers Reserved for the

States

1st AmendmentNo Establishment of ReligionFree Exercise of ReligionFreedom of Speech Freedom of PressFreedom of Assembly & Petition2nd AmendmentThe Right to Bear Arms3rd AmendmentNo Quartering of Troops4th AmendmentNo unreasonable Searches

and Seizures5th AmendmentGuarantee of Grand JuryNo Double JeopardyNo Self-IncriminationGuarantee of Due ProcessNo Taking of Property

Without Just Compensation

•Free Choice

•Free Speech

•Freedom of Press

•Freedom of Religion

•Adult entertainment

•Right to privacy

Rights often Compete and Conflict with one another!

Too much press coverage can prevent a fair and impartial trial or even selection of an impartial jury!

Conflict: Right to freedom of press

and reporting the news vs the right of the accused to a fair trial.

• One part of the community wants to see or read whatever it wishes and another part wants to protect private acts from public degradation (demean, degrade or lessen).

• Conflict: First group cherishes liberty

above all vsvs 2nd group values decency above liberty.

During World War II 120,000 Japanese-Americans were placed in “war relocation camps” by the US government.

VS

The right of US Govt. to protect US National Security and American Citizens.

The US Supreme Court upheld this action! Koretmatsu v. USA 1944

Who was right in 1944?

Who is right today?

• Police officer (govt. employee) stops a vehicle and asks driver to get out of the car and begins to search individual

• Conflict: Right of the driver against

unlawful search and seizure vsvs right of police to protect the safety of citizens and his life.

landmark

landmarkWhen rights compete the Supreme CourtSupreme Court acts as

the umpireumpire and determines what the Bill

of Rights mean. •Rules on their meaning through court decisions.court decisions.•Why? Tries to balance individual rights with the

needs of society

Individual?? Society??

INDIVIDUAL INDIVIDUAL FREEDOMS FREEDOMS OR RIGHTSOR RIGHTS

OBLIGATION OF OBLIGATION OF GOVERNMENT TO GOVERNMENT TO PROTECT NATIONAL PROTECT NATIONAL SECURITY OR THE SECURITY OR THE SAFETY OF ITS SAFETY OF ITS CITIZENSCITIZENS

DURING PEACE, INDIVIDUAL FREEDOMS ALWAYS LEANS TOWARDS THE CITIZENS…

DURING WAR, LEANS TOWARDS THE NATIONAL GOVERNMENT RESTRICTING SOME INDIVIDUAL FREEDOMS

speech conflicts

Who has Guaranteed Rights?

Most Constitutional Rights are extended to all Citizens and Aliens!

Limits include:Those in jailThose on bailThose committed to

mental institutions

1798: Alien and Sedition Act1861: Lincoln suspended the Constitution1867 to 1877: Reconstruction of the South1917: Espionage and Sedition Act1919 to 1921: Red Scare1942 to 1945: Japanese Internment1953: Red Scare1945 to 1980’s: Cold War laws

McCarran ActCommunist Control Act

2001-2006: Patriot Act2001 to 2007: (FISA) Foreign Intelligence Surveillance Act

rights taken away

14th

CongressCongress shall make no lawno law respecting an establishment of religion, or prohibiting the free

exercise thereof, or abridging the freedom of speech, or of the press or the right of the people to peaceably

assemble and to petition the government for a redress of

grievances.Freedoms•religion•speech•press

•assembly•petition

lst

14th

•respecting an establishment of religion, or prohibiting the free exercise thereof,

lst

CongressCongress shall make no lawno law

TWO CLAUSESTWO CLAUSES •Establishment clause•Free Exercise clause

Government CANNOT establish a national

religion or promote one religion over another and

must stay neutral in regards to religion

Separation of church & state or Wall of separation

Separation of church & state or Wall of separation

CHURCHCHURCH •Any type of

religious group in this country

WORSHIP FREELYWORSHIP FREELY

•As long as it does not violate any

law.

STATESTATE

•National, state and local government.

•No national religion can be established

•“No governmental involvement or

entanglement with religion”

•Government promotes religion

but does support one type of religion

establishment

Government CANNOT stop

you from worshipping as

you please

Establishment clause and free exercise

clause often conflict with each other

• Religion issue most prevalent in schools− Evolution vs creation − Bible Study, Bible classes and

prayer − Pledge of allegiance: “under God”

• Ten Commandments in public facilities

wall

Establishment clause-GovernmentCanCan CannotCannot

Teach about religions in school

Allow voluntary prayer in many examples

Transport students to a religious school

Read Bible for culture or literacy content

Teach about religions in school

Allow voluntary prayer in many examples

Transport students to a religious school

Read Bible for culture or literacy content

Set a state religion

Government cannot order a prayer

Teach religious doctrine in the school

Pay seminary teachers

Teach creationism

wall

Free Exercise—The personCan Cannot

Choose whatever religion

Lead a prayer in most examples

Ask questions about religions

Worship who or whatever you

want (as long as it doesn’t violate

the law)

Break the law and claim it is religious belief

Raise children without

education Deprive children

of basic needs

CONTRADICTIONSCoins---in God we trust

Congress opens with a prayer but no prayer in schools

President sworn in with hand of the Bible

Pledge of Allegiance “under God”Armed forces have a chaplain but

schools cannot.

wall

1925

The first conflict between religion vs.vs. science being

taught in school was in 1925 in Dayton, Tennessee.

John T. Scopes

Respected high school biology

teacher arrested in Dayton,

Tennessee for teaching Darwin’s

Theory of Evolution.

Clarence Darrow

Famous trial lawyer who represented

Scopes

William J. BryanSec. of State for

President Wilson, ran for president

three times, turned evangelical leader. Represented the

prosecution.

Dayton, Tennessee

Small town in the south became

protective against the encroachment of modern times

and secular teachings.

The trial is conducted in a carnival-like atmosphere. The

people of Dayton are seen as ‘backward’ by

the country.

The right to teach and protect religious

gospel in schools.

The acceptance of science and that all

species have evolved from lower forms of

beings over billions of years.

1. Does the “under God” in the Pledge of Allegiance violate the Establishment Clause and Separation of Church and State?

2. Can creationism be taught equally with evolution in public schools? Why or why not?

3. Can public schools, local government 3. Can public schools, local government buildings and public parks sponsor buildings and public parks sponsor religious celebrations of the Christmas religious celebrations of the Christmas season with decorations?season with decorations?

1. Does the “under God” in the Pledge of Allegiance violate the Establishment Clause and Separation of Church and State?

2. Can creationism be taught equally with evolution in public schools? Why or why not?

3. Can public schools, local government 3. Can public schools, local government buildings and public parks sponsor buildings and public parks sponsor religious celebrations of the Christmas religious celebrations of the Christmas season with decorations?season with decorations?

religious ?

4. Why can Congress open each session with prayer, the military service have chaplains but schools not allowed to pray?

5. Is the reading of the Bible and school 5. Is the reading of the Bible and school prayer a violation of theprayer a violation of the “establishment “establishment clause”clause” in the First Amendment? in the First Amendment?

4. Why can Congress open each session with prayer, the military service have chaplains but schools not allowed to pray?

5. Is the reading of the Bible and school 5. Is the reading of the Bible and school prayer a violation of theprayer a violation of the “establishment “establishment clause”clause” in the First Amendment? in the First Amendment?

religious ?

6. Can the U.S., state and local governments provide aid to religious (parochial) schools as well as provide busing?

7. 7. In time of war, can a person useIn time of war, can a person use “religious convictions”“religious convictions” as a way to avoid as a way to avoid the draft and fighting in a war?the draft and fighting in a war?

6. Can the U.S., state and local governments provide aid to religious (parochial) schools as well as provide busing?

7. 7. In time of war, can a person useIn time of war, can a person use “religious convictions”“religious convictions” as a way to avoid as a way to avoid the draft and fighting in a war?the draft and fighting in a war?

religious ?

8. Can school policy force you to salute the flag if you believe saluting a flag violates the your religious beliefs?

9. If your religion teaches that it is ok to have more than one wife, would this be allowed under the Free Exercise Clause?

8. Can school policy force you to salute the flag if you believe saluting a flag violates the your religious beliefs?

9. If your religion teaches that it is ok to have more than one wife, would this be allowed under the Free Exercise Clause?

Religious ?

Michael Newdow

Michael Newdow, an atheist and believed the “under God” was a violation of the

“establishment” clause and didn’t want his daughter to recite the pledge in schoolFiled a lawsuit: Michael Newdow vs. United States Congress, California, two school districts and its officials in Elk

Grove, California.9th Circuit Court of Appeals decision: "The Pledge, is an

impermissible government endorsement of religion because it sends a message to unbelievers 'that they are outsiders, not full

members of the political community…. Therefore, the “under God” is unconstitutional.

June 14, 2004, US Supreme Court reversed the decision of the 9th Circuit Court of Appeals.

Epperson v. Arkansas 1968(bans on the teaching of evolution)

Edwards v. Aguillard 1987(requirements on teaching creation)

Laws banning the teaching of Evolution or requiring the teaching of creation have been declared unconstitutional under the “Establishment Clause”.

““Eve, what’s legal?” “Honey, I’m not sure but have Eve, what’s legal?” “Honey, I’m not sure but have some apple. You’ll feel better!”some apple. You’ll feel better!”

Seasonal Displays

Can a public body like a school or community put up a Nativity scene?

Lynch v. Donnelly 1984 – legal if it includes secular images like Santa!

County of Allegheny v. ACLU, 1989 -- seasonal display in a county courthouse that only consisted of a large display celebrating the birth of Jesus declared unconstitutional

Now it’s legal!!!! Ho Ho Ho!Now it’s legal!!!! Ho Ho Ho!

Chaplains in Congress If students can’t be led in prayers in

public school, can state legislatures and the Congress begin sessions with a prayer?

The Supreme Court ruled that it is legal because its been done since the beginning of the Republic and Legislators are not susceptible to religious indoctrination or peer pressure!

Marsh vs. Chambers -- upheld the practice of opening congressional sessions and State legislative sessions with prayer

Prayers and the Bible in Public School

Six major cases: Engel v. Vitale 1962:

involved school prayer Abington School District v.

Schempp 1963: involved Bible reading in school

Murray v. Curlett 1963 Stone v. Graham 1980 Wallace v. Jaffree 1985 Lee v. Weisman 1992

Prayers and the Bible in Public School

Schools cannot sponsor religious exercises.

Individuals may pray in school or any place they choose.

Students may study the Bible in literature and history classes.

The Supreme Court has ruled that concerning:The Supreme Court has ruled that concerning:

Though illegal both organized prayer and Bible readings are found in many Public Schools usually in the southern states.

Student Religious Groups

Equal Access Act of 1984, can students hold Bible study classes in a public school?

Any public school receiving federal funds must allow student religious groups to meet in the school on the same terms that it sets for other student organizations.

Westside Community Schools v. Mergens 1990

School officials denied a request by a Christian Student group to meet in the school for Bible readings and discussion because of the “Establishment Clause”.

The Supreme Court ruled Westside Schools violated the student’s rights since other groups were allowed to use the school for similar meetings!

Bible Reading in A-1 at

7:00 AM

State Aid to Parochial Schools

Text Books, Standardized Statewide Test, Laboratory

Equipment, Busing, Vouchers, Special Education?

Lemon v. Kurtzman 1971

Can a state pay a parochial school’s costs for text books and teachers in nonreligious courses?

The court ruled this payment was a direct benefit to the school and therefore illegal!

No money for math!

St. Paul’s is #1!

The Lemon Test for state aid to parochial schools!

1. The purpose of the aid must be purely secular, not religious.

2. The primary effect must neither advance nor inhibit religion.

3. The aid must avoid an “excessive entanglement” of government with religion.

What kinds of state aid to parochial schools is legal?

Buying State required Textbooks?

Yes Paying for standardized tests? Yes Paying for field trips? No Paying part of a parochial

teacher’s salary? No

?

What kinds of state aid to parochial school Parents is legal?

Can a state repay parents in cash the cost of parochial school tuition?

No, it benefits the school! Can a state give income tax

deductions to parochial school parents for the cost of tuition, books, and transportation to a parochial school?

Yes, it benefits the parent and is available to any parent!

Everson v Board of Education 1947

Can parochial school children ride to school on a school bus paid for by state or local taxes?

Yes because the benefit is to the child and not to the school!

Roy Moore, Alabama Supreme Court Chief Justice

refused to have the 10 Commandments removed

from the state building when ordered by US District Court.

Violated the principle of separation of church and

state.Moore was suspended from

his position as a justice.US Supreme Court refused

to hear his appealNov. 14, 2004, Ten

Commandment’s mouument was removed from the

statehouse.Moore is appealing his

suspension.

Roy Moore

A conscientious objector (CO)conscientious objector (CO) is an individual following the

religious, moral or ethical dictates of his or her conscience that are

incompatible with being a combatant in military service, or

being part of the armed forces as a combatant organization.

Some conscientious objectorsconscientious objectors may consider themselves either a

pacifistpacifist or antimilitarist.

On April 28, 1967, Ali, when drafted in the U.S. Army during the war in Vietnam, he refused to go. For Ali, his opposition stemmed from more than just his belief that the war was immoral. He believed

that since blacks did not experience equality at home, for them to serve in the

war was a perversion of justice.

U.S. Supreme Court. CLAY, aka ALI v. UNITED STATES. Washington, D.C., 1971.

"No, I am not going 10,000 miles to help murder kill and burn other people to simply help continue the domination of white

slavemasters over dark people the world over. This is the day and age when such evil injustice must come to an end. I Ain't Got No

Quarrel With The Viet Cong. No Viet Cong Ever Called Me Ni----" Muhammad Ali, 1966

• Initially, Ali was granted conscientious objector status, but

after he stated that he was not against all wars and would participate in an

Islamic holy war, he no longer qualified.

• He was fined ten thousand dollars, sentenced to five years in prison, and his heavyweight title and license to

box was taken away.

U.S. Supreme Court. CLAY, aka ALI v. UNITED

STATES. Washington, D.C., 1971.

• Four years later, his conviction was overturned by the U.S. Supreme court

because of procedural grounds.

U.S. Supreme Court. CLAY, aka ALI v. UNITED

STATES. Washington, D.C., 1971.

Welsh v. United States, 1970Allowed the Federal Government to

draft those who have religious objections to military service………

3 Criteria Must Be Met3 Criteria Must Be Met1. An applicant's objection must be against

participating in war in any form, not just a particular war.

2. An applicant's objection to service in the military must be based on religious training and

belief.3. An applicant's objection must be sincere.

Flag Salute Case #1

In 1940, two Jehovah Witnesses were expelled from school for refusing to stand up for the Pledge. The Supreme Court ruled that students (Remember World War II has already begun in Europe) (must or need not) stand and recite the Pledge.

• Must!Must!

Flag Salute Case #2

In 1943, as World War II raged on and the oppression of the Nazis was seen, the Court reviewed the requirement of saying the Pledge and ruled that saying it (may or may not be) required.

May not be required! West Virginia Board of

Education v. Barnette, 1943

Reynolds v. the USA 1879

Reynolds, a Mormon, was prosecuted in court for having two wives.

Reynolds held that his protection under the 1st Amendment’s freedom of religion clause allowed him to have two wives and violate the law, since it was allowed by his religion! Who wins?

The court ruled that violation of the law as part of religion is illegal!

The court also ruled that having one wife was trouble enough for most men!

14th

•respecting an establishment of religion, or prohibiting the free exercise thereof,• or abridging the freedom of speech, or of the press

lst


“Congress shall make no laws... *abridging the

freedom of speech”

*to reduce, cut, curtail or condense

speech conflicts

GoalProtects freedom of expressionfreedom of expression in all spoken,

written words and other forms of communication.

The free exchange of ideas in the public forum. Must have these freedoms or a

democracy does not exist.

Allows ForPublic discussions of current events,

unpopular opinions and peaceable assembly

Govt. assists

Libel and SlanderLibel and Slander

Libel: defamatory statement or representation in the form of written or printed words; specifically a false

published statement that injures an individual's reputation (as in business) or otherwise exposes him or

her to public contempt (disgust)

Slander: Oral communication of false statements injurious to a person's reputation or defamation of a

person by unprivileged oral communication made to a third party;

Sedition is speech that urges citizens to overthrow

the government by force (even attempting)(even attempting), or to

disrupt its lawful activities by violent acts.

Over the years, sedition is difficult to prove because it

is only words.

Free speech–The individual can • Say any political belief

• Protest (without getting out of control)• Say things about someone that are true• Burn the flag----------Texas vs. Johnson

• Wear armbands to promote a political belief– Mary Beth Tinker vs Des Moines

• Say racist and hate slogans– Ku Klux Klan

• Free speech means someone might say something you disagree with

Limits on the person

• Threaten to kill the president or blow up airplanes, etc.

• Threaten to kidnap• Sexual harassment

• Create too much social chaos• Crude language in a public• Vulgar language in schools

• NOW: FISA or Foreign Intelligence Spying Act….Eaves dropping, terrorism

14th

•respecting an establishment of religion, or prohibiting the free exercise thereof,• or abridging the freedom of speech, or of the press

lst


“Congress shall make no laws... *abridging the

freedom of press”

*to reduce, cut, curtail or condense

The PressCan

Print any political positionMake fun of people, especially politiciansExpose wrongs by the governmentSay things you might not agree with

CannotLibel/Slander

Intentionally injuring a person’s reputation by false facts.

Disclose defense security secretsDetail how to make certain weaponsChild pornography

INDIVIDUAL’S INDIVIDUAL’S RIGHT TO FREE RIGHT TO FREE SPEECH/PRESSSPEECH/PRESS

WHEN SPEECH IS WHEN SPEECH IS DANGEROUS TO PUBLIC DANGEROUS TO PUBLIC

SAFETY OR TO SAFETY OR TO NATIONAL NATIONAL

SECURITY….DIFFICULT SECURITY….DIFFICULT TO JUDGETO JUDGE

DURING PEACE, FREE SPEECH/PRESS LEANS

TOWARDS THE CITIZENS…

DURING WAR, LEANS TOWARDS THE NATIONAL

GOVERNMENT RESTRICTING SPEECH

speech conflicts

Symbolic SpeechSymbolic Speech

•Expression by conduct.

•Supreme Court decisions show that symbolic speech covers only so much.

•Does not cover destroying draft cards (United States v. O’Brien, 1968)

•Allows armbands in school (Tinker v. Des Moines, 1968)

•Allows flag burning along as protest is peaceable (Texas v. Johnson, 1989)

PicketingPicketing•The patrolling of a business site by workers on strike, is a prevalent form of symbolic speech.

•As long as individuals picketing do not block entrances, roads and it is peaceable, picketing is legal.

Govt. assists

Internal SubversionInternal Subversion Any U.S. citizen or immigrant that threatens to destroy or overthrow

the U.S. Govt. from within.

EspionageEspionageSpying for a foreign power

SabotageSabotageHindering a nation’s war or

defense effort

“Congress shall make no laws...

abridging the people to peaceably

assemble and to petition the

government for redress of

grievances.”

14th

•respecting an establishment of religion, or prohibiting the free exercise thereof,• or abridging the freedom of speech, or of the press •or the right of the people to peaceably assemble •and to petition the government for a redress of grievances.

lst


* The right to assemble, or gather with one another to express views (freedom of association)… The right to

bring views to the attention of public officials.**A formal written

document requesting a right or benefit from a

person or group in authority

BRANDENBURG

Petition and AssemblyRight to gather with one another to express one’s

views on public matters

Redress of GrievancesRedress of GrievancesAsk the government to correct the problems

RestrictionsRestrictions•Requires advanced notice•No person or group can

•start a riot•block a public street•close a school•endanger life, property or public order

PEACEFUL PEACEFUL DEMONSTRATIONDEMONSTRATION

“Individual”CanCan CannotCannot

•Public protest

•Parade chanting hate slogans (permit)

•Express an unpopular view

•Sign a petition to change a law.

•Gang members can congregate in public

•Peacefully picket outside a business which refuses to raise wages.

•Organize a letter writing campaign to affect public policy.

•Protest by blocking traffic on S. Maine St. in Fallon•Loiter in front of Jackpot against the owner’s will.•Block a place of business to picket unfair wages.•Hold a public demonstration in Churchill County without a permit.•Conduct a sit-in at Mr. Billett’s house because you are tired of coming to American Govt. class.•Peacefully picket outside a business which refuses to raise wages.•Violate teen curfew.

Right to bear armsRight to bear arms

“A well-regulated militia, being

necessary to the security of a free

state, the right of the people to bear arms

shall not be infringed.”

1. Does not give anybody and everyone the right own or possess a firearm

2. Original intent, each State kept a militia or a national guard to protect from the National Government and to raise an army if necessary.

3. Right to protect yourself, home and property.

4. State’s may restrict the right to keep and bear arms.

5. Brady Bill of 1993

2nd Amendment

What is the debate with the What is the debate with the right to bear arms?right to bear arms?

• How much can the government keep

guns from criminals and youth?

• In order to keep guns away from criminals,

does that limit the right of law abiding

citizens?

2nd Amendment

• Thousands of people die every year because of

guns

• Thousands of crimes are

prevented because of guns

2nd Amendment

Gun Control Laws In NevadaGun Control Laws In Nevada•States were mandated to States were mandated to create tougher gun laws after create tougher gun laws after the the Brady BillBrady Bill was passed in was passed in 1993.1993.

•HandgunsHandguns

•21 yrs. old

•Fill out application

•Background check

•If check is approved you can purchase gun right then.

•If denied, you can appeal but if turned down again, that’s it.

2nd Amendment

1. Right to privacy in your homes

2. Every man’s home is his castle

3. National Government cannot place a soldier in private home to live without the owner’s permission.

4. Quartering Act of 1763

“No soldier shall, in time of peace be quartered in any house without the consent of the Owner, nor in

time of war, but in a manner to be prescribed by law.”

3rd Amendment

Rights of the Accused Amendments

4th – 8th Important to preserve

freedoms and protections against unreasonable police

powers

These protections come from the 4th, 5th, 6th and 8th

Amendments•No unreasonable search and seizure---4th •Writ of Habeas Corpus---4th/6th

•No Self-Incrimination---5th

•Official Charges/Grand Jury--5th •No Double Jeopardy---5th

•No Ex Post Facto Laws----5th/14th •No Bills of Attainder----6th

•Speedy and Public Trial---6th•Trial by Jury---6th

•Adequate Defense---6th •Confront Witnesses against you—6th

•Witnesses on your behalf—6th•No unfair bail/fine or cruel punishment---8th

1.The right of the people to be secure in their persons, house, papers, and effects, against

unreasonable searches and seizures,

2. shall not be violated and no Warrants shall issue, but upon probable cause, supported by

Oath or affirmation,

3. and particularly describing the place to be searched, and the persons or things to be seized.

Right to privacy in their homesEvery man’s home is his castle

Search warrant or probable causeSearch warrant must be specific

4th

Crime—an illegal wrong which laws have been made against in society Search warrant—court order authorizing law enforcement officials to search for objects or people involved in a crime and to produce them in court; describes locations where the officials may searchArrests—Being detained against your will or to arrest a person, a police officer needs only probable cause.Reasonable Suspicion--- -officer has good reason to think someone is behaving in a criminal way---has the right to investigate Probable cause --good evidence to support that criminal activity is taking place or has taken place and the officer can make an arrest. Automobiles—police officers do not always need search warrants to search an automobile The Exclusionary Rule—Evidence gained as a result of an illegal search cannot be used in court Wiretapping—unless police officers have a warrant, tapping phone calls is not legal Drug Testing—drug testing can be conducted without a warrant or probable cause

CrimeSearch warrant

ArrestsReasonable suspicion

Probable causeAutomobiles

The Exclusionary RuleWiretappingDrug Testing

4th Amendment4th AmendmentNo person shallNo person shall

(1)(1) the right of the the right of the people to be secure…people to be secure…against unreasonable against unreasonable searches and seizures, searches and seizures, shall not be violated.shall not be violated.

•Neither people’s

homes nor individuals themselves

may be searched without a reason

44thth Amendment AmendmentNo person shallNo person shall

(2)(2) No warrants No warrants shall issue, but shall issue, but upon probable upon probable

cause.cause.

(3) (3) Describing the Describing the place to be place to be

searched and the searched and the persons or things to persons or things to

be seized.be seized.

•Police must Police must show show probable probable causecause to get a to get a

search warrantsearch warrant..

•The The warrantwarrant must name the must name the

placeplace or or personperson that police will that police will searchsearch as well as well

as what they are as what they are lookinglooking for. for.

44thth Amendment Amendment

• probable cause• search warrant• give permission• Plain view• lawfully arrested

with a warrant

•Probable cause--good evidence to support that criminal activity

is taking place or has taken place and the officer can make

an arrest---is stronger than reasonable suspicion

•Search warrant--court order authorizing law enforcement

officials to search for objects or people involved in a crime and

to produce them in court; describes locations where the

officials may search

What does apoliceman need inorder to search you

or your home?


• When can you be arrested? – warrantwarrant for your arrest– commit a crimecrime in the presence

of police– arrest with a search warrantsearch warrant

•“Arrest”—Being detained against your will.•The Magic Words: “YOU ARE UNDER ARREST” because things change quickly… •Crime—an illegal wrong which laws have been made against in society

• What rules do police What rules do police officers follow to search officers follow to search

without a without a search warrantsearch warrant??

– your person – things in plain viewplain view – things or places under

your immediate control

– hot pursuithot pursuit


• What if you are arrested while driving your car?

What can the police search?

– anything in the car under suspicion

– Why? movable crime scene and evidence could be lost


• Can evidence be used if it was obtained unlawfully? – NO---exclusionary rule

• Mapp vs. Ohio

• Can the police eavesdrop or wiretrap your phone?– Yes, but must show probable cause– obtain a warrant to believe a crime is

being committed.– Time of war rights can be suspended

• Patriot ActPatriot Act• FISAFISA


• What 4What 4thth Amendment rights of Amendment rights of unreasonable search and unreasonable search and

seizure do high school students seizure do high school students have?have?

– LockersLockers– Purses or backpacksPurses or backpacks

• A school’s learning environmentlearning environment must be protected from disruption.

• Job of teachers and principals to maintain a “learning environment”“learning environment”


No person shall (1) be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand

Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or

public danger;

(2) nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb,

(3) nor shall be compelled in any criminal case to be a witness against himself,

(4) nor be deprived of life, liberty, or property, without due process of law;

(5) nor shall private property be taken for public use, without just compensation.


(1)(1) be held to answer for be held to answer for a a capitalcapital, or otherwise , or otherwise infamous crimeinfamous crime,, unless unless

on a on a presentmentpresentment or or indictmentindictment of a of a Grand Grand

JuryJury,,

““Official charges must Official charges must be brought against be brought against

the accused”the accused”

•State LevelState LevelInformation:Information: official

charges brought against the accused by the

district attorney

•Federal LevelFederal LevelGrand Jury:Grand Jury: jury hears

evidence to determine if a crime has been

committed.

If evidence is sufficient, the grand jury issues an indictmentindictment or an official

charge.


(1)(1) except in cases except in cases arising in the land arising in the land or naval forces, or or naval forces, or in the Militia, when in the Militia, when in actual service in in actual service in

time of wartime of war or or public dangerpublic danger;

•During During time of time of warwar, , Habeas Corpus, due due

processprocess can be can be suspended and suspended and

official chargesofficial charges do do not have to be told not have to be told

to the accusedto the accused

•Patriot ActPatriot Act


(2) be subject for the(2) be subject for the same offence to be same offence to be

twice put in jeopardytwice put in jeopardy of life or limbof life or limb,

(3)(3) be be compelledcompelled in in any any criminal casecriminal case to to be a be a witnesswitness against against

himself,himself,

•Cannot be tried for the same crime twice

•““Double Double Jeopardy”Jeopardy”

•Do not have to testify or give evidence

against yourself to make them appear

guilty. •I plead the fifth I plead the fifth

oror self self incriminationincrimination


(4) be (4) be depriveddeprived of of life, liberty, or life, liberty, or

property, without property, without due process of lawdue process of law;;

(5)(5) have private private propertyproperty taken for taken for public use, without public use, without just compensation.just compensation.

Due processDue process of law before you are

convicted•Innocent until Innocent until proven guiltyproven guilty

•Burden of proof is Burden of proof is on the prosecutionon the prosecution

The government cannot take your

land unless it pays.•Eminent domainEminent domain

GRAND JURY•5th Amendment protection

•FEDERAL LEVEL: A group of people who together look at the evidence of a case and

decide whether a person should be charged with the crime and prosecuted.

•If evidence is sufficient, grand jury issues an indictment, or official charges

•STATE LEVEL: does not use a grand jury but allows the district attorney/prosecutor to issue a sworn document called information, that there is

enough evidence to have a trial

NO DOUBLE JEOPARDY•5th Amendment protection

•A person cannot be tried for the same crime twice.

•A person can have two trials if the crime committed was against both a federal and

state law.

•HUNG JURY: If the jury cannot reach a verdict, the accused is free to go.

•Prosecutor can reschedule a new trial

NO SELF-INCRIMINATION•5th Amendment protection

•A person does not have to be a witness against himself…. “I plead the 5th ”

•Comes from the belief that the accused is “innocent until proven guilty”

•Burden of proof lies with the prosecution or district attorney

•Leads to Supreme Court case, Miranda vs. Arizona, 1966-----Miranda Rule

DUE PROCESS PROTECTION

•5th Amendment protection

•A person cannot be denied life, liberty and property without due process of law.

•Procedural

•Substantive

•During time of war, Habeas Corpus, due process can be suspended and official charges do not have to be told to the

accused

•Patriot Act

In all (1) criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,

(2) by an impartial jury of the State and district wherein the crime shall have been committed, which district shall

have been previously ascertained by law, and to

(3) be informed of the nature and cause of the accusation; to be

(4) confronted with the witnesses against him; to have compulsory process for obtaining

(5) Witnesses to speak on behalf of the accused

(6) Assistance of Counsel for defense.

66thth Amendment Amendment(1) In all criminal prosecutions,

the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime – People accused of crimes People accused of crimes

have the right to a have the right to a trial by trial by juryjury in a timely and open in a timely and open manner manner

– the jury must be the jury must be neutral neutral (objective) (objective)

6th Amendment6th Amendment

(3) To be confronted with witnesses against him.

• Defendants (accused) have the right to question witnesses who against them.

(2) To be informed of the nature and cause of the accusation.

–Defendants (accused) have the right to be told what they are accused of.

6th Amendment6th Amendment(4) To have compulsory

process for obtaining witnesses in his favor.– Defendants (accused)

have the right to present witnesses who help their case.

(5) And to have the assistance of counsel for his defense.

• Defendants (accused) have the right to have a lawyer to help prepare their defense.

SPEEDY AND PUBLIC TRIAL

•6th Amendment

•Accused is guaranteed a public and speedy trial

•Usually 100 days or less when case comes to trial.

•Supreme Court has allowed states to televise high profile cases as long as steps were taken to avoid damaging the accused

rights.

TRIAL BY JURY•6th amendment protection

•Trial by jury by an “impartial jury” or a jury of your peers.

•Jury is made up of 12 members called jurors or a petit jury, which render a verdict or decision of whether a person is guilty or

not.•Bench trial: judge is the jury and renders

the verdict.•Change of venue

ADEQUATE DEFENSE•6th amendment

•Know the crime accused of•Confront witnesses against them

•Question the witnesses in open court•Be able to call witnesses in their favor.

•Have the help of a lawyer or representation----defense attorney

•Gideon vs. Wainwright, 1962•This applies to both the Federal and State

governments.

NO EX POST FACTO LAWS• 6th amendment protections

•New laws cannot apply to things that happened in the past.

•Cannot punish people who did that action before law was passed.

•“after the fact”

•CONGRESS CANNOT MAKE SUCH A LAW….NEITHER CAN THE

STATES

NO BILLS OF ATTAINDER

•6th amendment protection•A law that punishes an accused

person without a court trial•CONGRESS CANNOT MAKE SUCH A

LAW….NEITHER CAN THE STATES•Congress and the States can make

laws for a crime and decide its punishment but never take away trial

by jury.

WRIT OF HABEAS CORPUS

•4th and 6th Amendment protections

•Prisoner has the right to ask for a writ or court order requires detaining (arresting) officer to

explain why that person should not be let go…

•“You should have the body” or the court wants to see the accused person

•Protects from false arrest and imprisonment….

•Police must tell accused official charges of arrest.

Excessive bailExcessive bail shall not be required, nor

excessive finesexcessive fines imposed, nor cruel cruel

and and unusual unusual punishmentspunishments

inflicted

NO CRUEL PUNISHMENTNO CRUEL PUNISHMENT•88thth Amendment Amendment

•No excessive or unreasonable No excessive or unreasonable bailbail or or fines.fines.

•PunishmentsPunishments must fit the must fit the severityseverity of of the crime.the crime.

•Supreme Court has ruled that the Supreme Court has ruled that the death penaltydeath penalty or or capital punishmentcapital punishment

does not violate the Constitution.does not violate the Constitution.

What the Miranda Rights Say

Miranda vs. ArizonaMiranda vs. Arizona: : The exact wording of the "Miranda "Miranda Rights"Rights" statement is not specified in the Supreme Court's historic decision. Instead, law enforcement agencies have

created a basic set of simple statements that can be read to accused persons prior to any questioning.

1. You have the right to remain silent.

The Court:The Court: "At the outset, if a person in custody is to be subjected to interrogationinterrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent."

2. Anything you say can be used against you

The Court:The Court: "The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in a court of law.“

3. You have the right to have an attorney present now and during any future questioning.

The Court:The Court: "...the right to have counsel (6th Amendment) present at the interrogationinterrogation is indispensable to the protection of the 5th Amendment privilege

An individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation to protect his rights."

What the Miranda Rights Say4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish.

The Court:The Court: "In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer (Public (Public Defender)Defender) will be appointed to represent him.

5. Accused has the right to waive his rights……

Accused agrees to answer questions during the police interrogation.

What the Miranda Rights Say6. The Court continues by declaring what the police must do if

the person being interrogated indicates that he or she does want a lawyer...

"If the individual states that he wants an attorney, the interrogationinterrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent."

1.

2.

•4th Amendment---No unreasonable of search & seizure

•Writ of Habeas Corpus if illegally arrested---police must release you if no charges are brought against you.

•5th Amendment----Remain Silent

•6th Amendment---Right to counsel

Steps of Due Process 1Miranda RightsMiranda Rights

3.

4.

•Cannot force a confession•8th Amendment---no excessive bail•No ex post facto laws----law passed after the fact or a law that was retroactively applied•Used at the Federal level----Most states allow the District Attorney or Prosecutor to weigh the evidence•Evidence must be obtained legally if not exclusionary rule--Mapp vs. Ohio

Steps of Due Process 2

4.

5.

•Indictment is handed down by grand jury. a formal charge against accused for their arrest•Information: arrest warrant handed down by the District Attorney or Prosecutor•No Bill of attainder laws•5th & 6th Amendment: No self incrimination and assistance of counsel•6th Amendment: Trial by jury and confront witnesses and have your own witnesses.


7.

8.

9.

•Petit jury is a trial jury made up of 12 jurists. Verdict jury decision of guilt of innocence.

•Accused is always “innocent until proven guilty” Burden of Proof is with always with the Prosecution

•5th Amendment---No double jeopardy

•8th Amendment---No cruel or inhumane punishment

•To a higher court


Eighth AmendmentEighth Amendment• No excessive bailNo excessive bail

• No cruel and No cruel and unusual punishmentunusual punishment

•BailBail is money that an accused person provides to the court as a guarantee that

he or she will be present for a trial.

•If you If you fail to appear (FTA),fail to appear (FTA), you forfeit your bail and you are a fugitive.

•BailBail or finefine must fit the crime.

Bail is justified on 2 grounds: ACCUSED

•Should not be jailed until guilt is established b/c b/c itit amounts to punishment before trial.

•Can better prepare for trial outside of jail

Judges can with hold bail if

•Accused might jump or flee from state or country

•A threat to and protect public safety

•Also called capital punishmentAlso called capital punishment

•Today, many Americans believe Today, many Americans believe fighting fighting crimecrime should be the nation’s top priority. should be the nation’s top priority.

•Most citizens say they Most citizens say they favorfavor the death the death penalty for certain offenses and penalty for certain offenses and limiting limiting

appealsappeals for death row prisoners. for death row prisoners.

•Others believe that the death penalty death penalty violates the violates the 8th Amendment8th Amendment of the U.S. Constitution, which prohibits cruel and cruel and

unusual punishmentunusual punishment.

death penalty

•Death penalty is the ultimate punishment carried out by a State’s police powersState’s police powers.

•According to the Supreme Court, the 8th Amendment of the Constitution “must draw its “must draw its

meaning from evolving standards of decencymeaning from evolving standards of decency that that mark the progress of a maturing society”.mark the progress of a maturing society”.

•Would a “mature, civilized”“mature, civilized” society prohibit the death penalty in all forms or is capital

punishment necessary for justice?

•Do courts convict citizensconvict citizens unfairly or allow criminals too many appeals?

death penalty

“In order to support capital punishmentcapital punishment, you must be able to look into the eyes of

the condemned mancondemned man, recognize his humanity, see how he got to that point and

tell him he must dietell him he must die…..”

“In order to oppose capital punishmentcapital punishment you must confront the horror of murder, feel

the loss, fear and outrage, and still be able to look the victim’s relativesvictim’s relatives in the eyes

and say the murderer must livesay the murderer must live…….”

“In a democracy, where there are many freedoms, there is the possibility that these rights and freedoms can be

abused.

Therefore, the death penalty is needed in today’s society to act as a deterrent and a means of protecting

the rights and freedoms of citizens”.

Agree or disagree?

death penalty

1972, Furman vs Georgia

S.C. struck down death penalty

•Death penalty was being administered unfairly

•Poor people & Blacks were most likely to executed

•An individual who killed a white person was 4 times more likely to be executed than one who

killed a Black

death penalty

1976, Gregg vs Georgia

S.C. reversed its decision•States decide death penalty issue

•Must consider the life situation

•Accused has to evaluated by the court before a death sentence was recommended.

•Automatic right to an appeal

death penalty

arguments for death penalty

death penalty

•If it were not for the threat of executions, the murder rate in the U.S. would be far greater.

Statistics support this assertion. •From 1955 to 1965, there were 78,500 murders

and 351 executions in the U.S. •But during the period from 1966 to 1976, when

the death penalty was weakened, 288,310 murders were committed with only 6

executions carried out.•Death is the proper “repayment”“repayment” for the terrible crime of murder. The biblical idea of “an eye for

an eye” applies here. The victim’s loved ones must not be forgotten. argume

nts for death

penalty

death penalty

•The judicial system provides death row prisoners, even the poor, with ample

opportunity for appeals.

•The average stay on death row is eight years, with longer stays not uncommon.

•The possibility of executing an innocent person must be accepted as the price

society pays for administering true justice toward the guilty murderer

arguments for death peanlty

death penalty


•Many murders occur in the heat of emotion or during periods of temporary insanity. The murderer is not thinking clearly, so fear of the death penalty is

virtually nonexistent.

•In addition, States with no death penalty seem to have the same or even a lower

murder rate than States that have capital punishment.

death penalty


•Killing is immoralKilling is immoral, and the State should not be permitted to conduct executions.

•Executions are a throwback to uncivilized behavior.

•The State kills not to benefit society but to satisfy the mob emotions of revenge..

•““Thou shalt not kill” is one of God’s Thou shalt not kill” is one of God’s commandments”commandments”.. Every human being has

dignity and worth.

death penalty


•The death penalty is applied in an unfair manner, since those who are poor are most

likely to be executed.

•Innocent individuals may be executed mistakenly. There are 31 known cases of

this tragedy.

•At least life imprisonment allows time for new evidence to be uncovered, thus

possibly freeing a wrongfully convicted individual.

all men are created equal!!! they are endowed by their creator with certain unalienable rights!!!!

Documents

individual rights

general rights of people

certain unalienable

civil cases

highest law

rule of law

process of law

personal freedom