Individual Rights under the United States Constitution

Chapter 1

History Criminal Procedure can be described as rules designed to balance the important governmental functions of maintaining law and order and protecting the rights of citizens.These functions however, conflict by their very nature.How much are you willing to give up?

Terrorism?Racial Profiling?

HistoryIn September 1774, delegates from 12 states met in the First Continental Congress to petition England for their rights.

The petition was ignored by England

July 4, 1776 the Thirteen United Colonies declared themselves free and independent.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

A History Lesson

In September 1787, a convention of delegates representing all the original thirteen colonies save Rhode Island, proposed a new Constitution to the Continental Congress and the states for ratification.

(We operated under articles of confederation up until that time)

This new Constitution however, lacked the protections of abuse of government. The Delegates promised that a “Bill of Rights” would be passed soon after the Constitution was ratified.

History

Bill of Rights Passed (Ratified)December 15, 1791

Think about our Country then and now.SizePopulationDiversity

The Judicial Branch of Government has assumed the largest role of protecting civil liberties.

Marbury v. Madision

Marbury v. MadisonIn this case,

Chief Justice and former Secretary of State John Marshall established “Judicial Review.”

Judicial Review = The power to say what the Constitution means. Within that power the Supreme Court may declare laws passed by Congress unconstitutional. We live under two separate and sovereign governments in the United States.

Federal GovernmentState Government

The Bill of Rights & the ConstitutionFew rights are spelled out in the Constitution.Constitution is divided up into seven articles

Article I – The Legislative ArticleArticle II – The Executive ArticleArticle III – The Judicial ArticleArticle IV – Interstate RelationsArticle V – The Amending PowerArticle VI – The Supremacy ArticleArticle VII – Ratification

27 Amendments have been made to our Federal Constitution.

The Bill of Rights & the Constitution

Constitutional Comparison

Oklahoma United States79, 153 4,300 Words long161 27 Amendments

The Bill of RightsBill of Rights = The first Ten (10) Amendments to the U.S. ConstitutionIn the beginning, the Bill of Rights only applied to the Federal Government.Through a process called selective incorporation, certain rights from the Bill of Rights have been applied to state and local action as well.These rights at present have been applied to states under the 14th Amendment:

1st, 4th, 6th Amendments & parts of the 5th and 8th

Individual Rights in the Original Constitution

Article 1, section 9, Clause 2The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Article I: section, 9 clause 3 & section 10, clause 1

No bill of attainder or ex post facto Law shall be passed. (No punishment without a trial & no guilt for a law not passed at the time of the offense

Individual Rights in the Original Constitution

Article III: sections 1 & 2Guarantee of trial by jury (except impeachment)Trial in location of offense

Article III: section 3No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Treason is the only crime defined in the Constitution.

Article IV: clause 3no religious test shall ever be required as a qualification to any office or public trust under the United States.

First AmendmentCongress shall make no 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 peaceably to assemble, and to petition the government for a redress of grievances.

Freedom of ReligionEstablishment ClauseNo official ChurchEstablishment Clause also called the “wall of separation between church and state”No taxes to support churchCan’t force to go to church or a certain church

First AmendmentReligious Issues:

Christmas Trees in City offices city property?Ten Commandments in the courthouse?Prayer at Public Schools

Freedom of SpeechGenerally citizens can speak freelyThe “Clear & Present Danger” doctrineObscenities?Burning the American Flag?Dress Codes at school?Some Cities require a license before speaking

First AmendmentFreedom of Press

Citizens have a right to publish their viewsTeachers disagrees with school board in the editorial area of the local paper and gets fired for it. Unconstitutional? Yep~

Right to Assembly and PetitionWe have a right to gatherCan petition our governmental officials

Second AmendmentA well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Firearms. Should we have them or not?What is the Constitution meaning by this?Well regulated militia?

Third AmendmentNo 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.

The British soldiers used to get free lodging and meals as well as other things.

4th AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.What is probable cause?

Facts or articulate facts that would lead a reasonable and prudent person to believe that a crime has or will be committed.

Are there exceptions to this?

5th Amendment

No person shall 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; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5th AmendmentIndictment by a Grand Jury

Reviews a case and issues a True Bill, No Bill, or can pass it to the next session.12 member panel of citizensSeveral ways of selecting grand jury membersOnly 9 have to agree to send the case to trail

Freedom from Double JeopardyWhat about OJ?What about the Rodney King Cops? –the dual sovereignty doctrine

5th AmendmentPrivilege against Self-Incrimination

Do not have to testify against selfJury instruction no inference of guilt can be taken.Doesn’t apply to: lineups, voice samples, handwriting samples, fingerprinted, breathalyzer, etc.

Right to Due ProcessGovernment must use “fundamental Fairness” in its operationsExample timely notice of hearing, right to present evidence on own behalf, presumed innocent, verdict must be supported by evidence, etc.

Right to Just Compensation

6th AmendmentIn 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 shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

6th AmendmentRight to a Speedy and Public Trial

After arrest or indictmentHector StoryRight to a public trial

Trial by an Impartial Jury

Right to Notice of Charges

6th Amendment

Right to Confront WitnessesConfrontation ClauseOnly fair ---right?

Guarantee of Compulsory ProcessCourt subpoenas to get people to court

Right to Representation by CounselGideon v. WainwrightPublic defense for those who can not afford it

7th AmendmentIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

In other words a jury can decide a civil trial in Federal court over 20 bucks.

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Right to BailSecurity of appearanceHow does the bail bond system work?

Freedom from Cruel and Unusual Punishment

Is the death penalty cruel and unusual?

9th and 10th Amendments

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The government does not have unlimited power to invade others rights

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Federalism – states have the powers not mentioned in the Constitution

Other Amendments13th Amendment

Prohibits Slavery

14th Amendment…nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Right to Due Process

The 14th Amendment put limits on the States.Known as the “Due Process of Law” clause

The Right to Equal Protection under the Laws

15th AmendmentAll Races can Vote (1870)

19th AmendmentWomen can vote (1920)

24th AmendmentNo more Poll Taxes

26th AmendmentCan vote at 18 years of age

Conclusion

Checks and BalancesSenateHouseExecutive, Legislative, JudicialTerms are all different—what are they?