Liberty an Justice for AllUnit 5

Govt H SVHS

Essential Question

Section 1: Constitutional Rights

Section 2: Freedom of Religion

Section 3: Freedom of Speech

Section 4: Freedom of the Press

Section 5: Freedom of Assembly

Chapter Summary

Freedom of speech is one of Americans’ most valued liberties, but are there limits to this and other basic freedoms under the Constitution?

Constitutional Rights

• The belief in human rights, or fundamental freedoms, lies at the heart of the American political system.

• The Constitution of the United States guarantees certain basic rights in the Bill of Rights, comprised of the first 10 amendments, and in several additional amendments.

Constitutional Rights (cont.)

• The Bill of Rights was not originally intended to limit state and local governments.

• The Supreme Court has interpreted the due process clause of the Fourteenth Amendment to apply the guarantees of the Bill of Rights to state and local governments.

Constitutional Rights (cont.)

• The Supreme Court interpreted the words due process to include other protections of the Bill of Rights:

− protection from unreasonable search and seizure

− the right of the accused to have a lawyer

− protection from cruel and unusual punishment

Constitutional Rights (cont.)

• The process by which the Bill of Rights was extended to the states and localities is incorporation.

• The incorporation of the Bill of Rights means that U.S. citizens in every part of the country have the same basic rights.

• In practice, nationalization means that citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court.

The Establishment Clause

• The first clause of the First Amendment—the establishment clause—states that “Congress shall make no law respecting an establishment of religion.”

• The second clause—the free exercise clause—prohibits government from unduly interfering with the free exercise of religion.

• Under the Constitution, the task of resolving controversies surrounding church-state relations falls on the Supreme Court.

The Establishment Clause (cont.)

• Everson v. Board of Education involved a challenge to a New Jersey law allowing the state to pay for busing students to parochial schools—schools operated by a church or religious group.

• The Court ruled that the law was constitutional because it benefited students rather than religion directly.

The Establishment Clause (cont.)

• In Board of Education v. Allen the Court upheld state programs that provide secular, or nonreligious, textbooks to parochial schools.

• Other important controversial cases involving religion address release times for students, school prayer, and the teaching of the theory of evolution.

The Free Exercise Clause

• In addition to banning an established church, the First Amendment forbids laws “prohibiting the free exercise” of religion.

• In the case of Reynolds v. United States, George Reynolds appealed his polygamy conviction, claiming that the law abridged, or limited, freedom of religion.

The Free Exercise Clause (cont.)

• The Court upheld his conviction and established that people are not free to worship in ways that violate laws that protect the health, safety, or morals of the community.

• The Court usually follows precedent, decisions made on the same issue in earlier cases.

Types of Speech

• The First Amendment exists to protect the expression of unpopular ideas—popular ideas need little protection.

• Pure speech is the verbal expression of thought and opinion before an audience that has chosen to listen.

• Symbolic speech—sometimes called expressive conduct—involves the use of actions and symbols, in addition to or instead of words, to express opinions.

Regulating Speech

• Because free speech must be balanced against the need to protect society, some restraints on pure speech do exist.

• Congress and state legislatures have outlawed seditious speech—speech urging resistance to lawful authority or advocating the overthrow of the government.

Civil Liberties and Terrorism

Regulating Speech (cont.)

• When the speech in question clearly presents an immediate danger, the First Amendment does not protect it.

• In 1925 the Court held that speech could be restricted even if it had only a tendency to lead to illegal action, establishing the “bad tendency doctrine.”

Civil Liberties and Terrorism

Regulating Speech (cont.)

• Developed in the 1940s, the preferred position doctrine holds that First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties.

Civil Liberties and Terrorism

Other Unprotected Speech

• The First Amendment does not protect defamatory speech, or false speech that damages a person’s good name, character, or reputation. There are two types of defamatory speech:

– slander, which is spoken, and

– libel, which is written.

Other Unprotected Speech (cont.)

• The Court has limited the right of public officials to recover damages from defamation.

• In 1942 the Supreme Court ruled that some words are so insulting that they provoke immediate violence.

• Such “fighting words” do not constitute protected speech.

Prior Restraint Forbidden

• Prior restraint is censorship of information before it is published.

• The Supreme Court has ruled that the press may be censored in advance only in cases relating directly to national security.

• Near v. Minnesota helped establish that free press means freedom from government censorship.

Fair Trials and Free Press

• In Sheppard v. Maxwell the Supreme Court ruled that press coverage interfered with Sheppard’s right to a fair trial.

• When a jury is sequestered it is kept isolated until the trial ends.

• A gag order is an order by a judge barring the press from publishing certain types of information about a pending court case.

Fair Trials and Free Press (cont.)

• In 1979 the Supreme Court ruled that the public and press could be barred from certain pretrial hearings if the trial judge found a “reasonable probability” that publicity would harm the defendant’s right to a fair trial.

Fair Trials and Free Press (cont.)

• In three 1972 cases that were considered together, the Supreme Court said that reporters have to surrender evidence because the First Amendment does not give them special privileges.

• To date, 30 states have passed shield laws—laws that give reporters some protection from disclosing their sources in state courts.

Free Press Issues

• Because radio and broadcast television use public airwaves, they do not enjoy as much freedom as other press media.

• Stations must obtain a license from the Federal Communications Commission (FCC), a government agency that regulates their actions.

Free Press Issues (cont.)

• In the 1952 case Burstyn v. Wilson, the Court held that “liberty of expression by means of motion pictures is guaranteed by the First and Fourteenth Amendments.”

• In Reno v. American Civil Liberties Union the Court ruled that Internet speech deserves the same level of First Amendment protection as print media.

Free Press Issues (cont.)

• After many attempts to define obscenity, the Court finally ruled in Miller v. California that local communities should set their own standards for obscenity.

• Advertising is considered “commercial speech” and is given less protection under the First Amendment than political speech.

Protecting Freedom of Assembly

• DeJonge v. Oregon established that:

– the right of assembly is as important as the rights of free speech and free press; and

– the due process clause of the Fourteenth Amendment protects freedom of assembly from state and local governments.

Protecting Freedom of Assembly (cont.)

• Freedom of assembly includes the right to parade and demonstrate in public.

• To provide for public order and safety, many states and cities require that groups wanting to parade or demonstrate first obtain a permit.

Protecting Freedom of Assembly (cont.)

• In Police Department of Chicago v. Mosley the Court voided a city law that banned all demonstrations near school buildings except in the case of labor union picketing—patrolling an establishment to convince workers and the public not to enter it.

• The right to assemble does not allow a group to convert private property to its own use, even if the property is open to the public.

A. A

B. B

C. C

D. D A B C D

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Patrolling an establishment to convince workers and the public not to enter it is called

A. loitering.B. protesting.C. picketing.D. assembling.

Assembly and Disorder

• A heckler’s veto is a term used to describe when the public vetoes the free speech and assembly rights of unpopular groups by claiming that demonstrations will result in violence.

• Feiner v. New York established that police may disperse a demonstration and limit the freedom of assembly if it threatens the peace.

A. A

B. B

C. C

D. D A B C D

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Feiner v. New York established that police may disperse a demonstration and limit the freedom of assembly if

A. the public finds it offensive.

B. it threatens the peace.C. it is loud.D. occurs in public.

Protecting Labor Picketing

• In 1940 the Supreme Court ruled that peaceful picketing was a form of free speech.

• In later decisions the Court severely limited this position.

Freedom of Association

• Freedom of association means the right to join a political party, interest group, or other organization.

• In 1937 the Supreme Court extended the right to freely assemble to protect the right of individuals to freedom of association.

• Under the Smith Act the Supreme Court upheld convictions of 11 leaders of the American Communist Party.

Freedom of Association (cont.)

• In later cases the Court ruled that only actual preparations for the use of force against the government were in fact punishable.

Essential Question

Section 1: A Nation of Immigrants

Section 2: The Basis of Citizenship

Section 3: Equal Protection of the Law

Section 4: Civil Liberties Challenges

Chapter Summary

How has the United States been shaped by its immigrant history, and how do we determine the rights of citizenship?

Immigration Policy

• The Constitution clearly gives Congress the power to make immigration policy.

• In 1882 Congress passed the first major law that barred entrance to specific groups because the California Gold Rush and railroad building had attracted many immigrants.

Immigration Policy (cont.)

• Immigration is a major political issue for two reasons:

– there are many undocumented immigrants living in the U.S.; and

– terrorism.

Immigration to the United States

Immigration Policy (cont.)

• In 1882 Congress passed the Chinese Exclusion Act which said that no Chinese laborer could enter the United States for 10 years.

• The Immigration Act of 1924 introduced a quota system by country. During the next 40 years, immigration dropped sharply.

Highlights of American Immigration Policy, 1880s-Present

Immigration Policy (cont.)

• In 1965 Congress passed the Immigration Reform Act, abolishing the quota system based on national origin.

• The new law was driven by two principles:

Highlights of American Immigration Policy, 1880s-Present

– reunifying families; and

– giving priority to certain skills.

Immigration Policy (cont.)

• President Reagan’s Immigration Reform and Control Act of 1986 had a dual purpose:

– punishing employers who knowingly hired undocumented immigrants; and

– offering a way for long-term, undocumented immigrants to become legal.

Highlights of American Immigration Policy, 1880s-Present

Immigration Policy (cont.)

• The Immigration Act of 1990 said that no country could account for more than 7 percent of total immigrants.

Highlights of American Immigration Policy, 1880s-Present

Current Political Debate

• As illegal immigration continues across the southwestern border, the immigration debate continues.

• Employers in agriculture and construction do not want the flow of low-cost labor stopped.

• Others, often Americans with few skills, worry that a steady stream of undocumented workers will depress their wages.

Current Political Debate (cont.)

• Many Republicans argued that President George W. Bush’s proposed immigration bill offered amnesty—or forgiveness—rather than harsh penalties.

Aliens

• An alien is the term for someone who lives in a country where he or she is not a citizen.

• Under the law there are five categories of aliens:

– A resident alien is a foreigner who has established permanent residency in the U.S.

– Nonresident aliens are people who expect to stay for a short, specified time.

Aliens (cont.)

– Enemy aliens are citizens of nations that are at war with the U.S.

– Refugees are people fleeing persecution or danger from their home country.

– Undocumented aliens are people who are illegally in the U.S.

• The Bill of Rights protects anyone living in the United States, even enemy aliens.

Who Determines Citizenship?

• The Founders assumed that the states would decide who was or was not a citizen and that state citizens would automatically be citizens of the nation. This rule had two exceptions:

– African Americans; and

– immigrants who became U.S. citizens through naturalization—the legal process by which someone who was not born in the United States is granted citizenship.

Who Determines Citizenship? (cont.)

• In 1857 the Supreme Court ruled that African Americans, whether enslaved or free, were not U.S. citizens.

• In 1868, the Fourteenth Amendment established that:

– people of all races, excluding Native Americans, were citizens; and

– state citizenship was an automatic result of national citizenship.

Gaining Citizenship

• Like most other nations in the world, the United States follows the principle of jus soli—the law of the soil—which focuses on where a person is born.

• Jus sanguinis—the law of the blood—focuses on parentage as a basis for citizenship.

• All immigrants who want to be American citizens must go through naturalization.

Gaining Citizenship (cont.)

• To apply for citizenship, a person must:

– be at least 18 years old;

– have lived in the United States as a legal resident alien for 5 years and been physically present for half of that period;

– have lived in the state where the petition is filed for at least 3 months; and

– must provide witnessed to testify to the applicant’s moral character.

Gaining Citizenship (cont.)

• Collective naturalization is a process under which an entire group of people becomes citizens by a treaty or by an act of Congress.

• Citizenship can be lost in three ways:

– expatriation—meaning a person gives up his or her citizenship by the act of leaving the United States and becoming the citizen of another country;

Gaining Citizenship (cont.)

– by being convicted of certain serious federal crimes, such as treason; and

– in an administrative process of denaturalization, which occurs when it is proved that fraud, deception, or error occurred during naturalization.

A. A

B. B

C. C

D. D A B C D

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Jus sanguinis—the law of the blood—refers to citizenship based on

A. where one is born.B. parentage.C. ethnicity.D. residency.

Citizen Responsibilities

• Respect for the law is crucial in modern society, but this respect depends on knowledge of the law.

• Voting is the most common way that a citizen participates in political life and expresses one’s support for democracy.

• Many citizens fail to vote because they don’t think a single vote can make a difference despite numerous examples of close elections throughout history.

Citizen Responsibilities (cont.)

• Citizens can affect the political system by campaigning for a candidate or working at the polls on Election day.

• Sharing opinions through writing letters to newspapers and magazines has always been an important way to participate in politics.

What Is Equal Protection?

• The Fourteenth Amendment says that no state can “deny to any person within its jurisdiction the equal protection of the laws.”

• The Supreme Court has three basic guidelines for considering whether a law or an action violates the equal protection clause:

– The rational basis test asks if the classification is reasonably related to an acceptable government goal.

What Is Equal Protection? (cont.)

– The second test is used if a law involves a “suspect classification”—a classification made on the basis of race or national origin.

– The third test uses fundamental rights— rights that go to the heart of the American system or are indispensable to a just system.

Proving Intent to Discriminate

• Discrimination exists when individuals are treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion.

• In Washington v. Davis the Supreme Court ruled that to prove discrimination in a state law, one must prove that the state was motivated by intent to discriminate.

The Equal Rights Struggle

• By the late 1800s, about half the states had adopted Jim Crow laws—state and local laws in mostly Southern states that required racial segregation in places like schools, public transportation, and hotels.

• In Plessy v. Ferguson the Court said that the Fourteenth Amendment allowed separate facilities for different races as long as those facilities were equal.

The Equal Rights Struggle (cont.)

• For the next 50 years the “separate but equal” doctrine was used to justify segregation.

• In Brown v. Board of Education of Topeka, the Court unanimously overruled the “separate but equal” doctrine.

The Equal Rights Struggle (cont.)

• After the Brown decision, many African Americans and whites worked together in the civil rights movement to end segregation.

• In 1964 and 1965, Congress passed key civil rights legislation, barring discrimination and ensuring the right to vote.

Selected Major Civil Rights Legislation

Affirmative Action

• Affirmative action is a set of policies developed in the 1960s to remedy past discrimination.

• Often the policies involve the targeted recruitment of women and minorities.

• In Regents of the University of California v. Bakke, the Court ruled that colleges and universities could not use a quota system, although they could consider race in admissions.

Affirmative Action (cont.)

• In 1995 the Court overturned earlier decisions by saying that federal agencies could not automatically favor minority-based companies for federal contracts.

• In 2007, the Court struck down the policies of two school districts which sometimes limited transfer students on the basis of race.

A. A

B. B

C. C

D. D A B C D

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What is the term given to the set of policies developed in the 1960s to remedy past discrimination?

A. anti-discriminationB. affirmative actionC. corrective actionD. discriminatory

reversal

Discrimination Against Women

• Women did not win the right to vote until 1920 when the Nineteenth Amendment was adopted.

• In 1971 the Supreme Court held that a state law was unconstitutional because it discriminated against women.

• In Reed v. Reed the Supreme Court said that any law that classifies people on the basis of gender “must be reasonable, not arbitrary, and must rest on some ground of difference.”

Discrimination Against Women (cont.)

• Sometimes the courts have decided that gender distinctions are allowable because they are substantially related to public policy goals.

Early Struggles: Women in Congress

Citizens’ Right to Know

• Informed citizens are essential to democracy.

• Since 1917, the government has used a security classification system that permits it to keep information that is important to national security or foreign policy secret.

• In 1966 Congress increased the public’s access to government by passing the Freedom of Information Act (FOIA).

Citizens’ Right to Privacy

• In 1965 the Supreme Court interpreted that taken together the First, Third, Fourth, and Fifth Amendments recognize an area of privacy.

• The Ninth Amendment protects this right because it says that just because the Constitution names certain specific rights does not mean that people do not have other rights.

Citizens’ Right to Privacy (cont.)

• In the Griswold v. Connecticut, the Court said that Connecticut could not outlaw access to contraception because it would violate the privacy of married couples.

• In 1973 the Roe v. Wade decision established a woman’s right to get an abortion during the first six months of pregnancy, but individual states could prohibit abortion in the last three months.

Citizens’ Right to Privacy (cont.)

• The Foreign Intelligence Surveillance Act (FISA) required federal agents to get a warrant from a special FISA court before tapping domestic phone and computer lines.

• The Patriot Act and its revisions broadened the definition of who could be seen as a terrorist and expanded the government’s power to detain, investigate, and prosecute suspected terrorists.

Essential Question

Section 1: Sources of American Law

Section 2: Civil Law

Section 3: Criminal Law

Section 4: Rights of the Accused

Chapter Summary

What are the major sources for American law, and what key principles guide our legal system?

Content Vocabulary• law• constitutional law• statute• ordinance• statutory law• administrative law• common law• equity

• due process• substantive due proce

ss• procedural due proces

s• adversary system• voir dire• presumed innocence

Early Systems of Law

• Law is the set of rules and standards by which a society governs itself.

• The earliest known written laws or rules were based on practices in tribal societies.

• The most well known is the Code of Hammurabi—laws collected by Hammurabi, king of Babylonia, from 1792 to 1750 B.C.

• The Ten Commandments were one of the sources of law for the ancient Israelites.

Our Local Heritage

• The laws that govern our lives and protect our rights can be classified as follows:

– constitutional law

– statutory law

– administrative law

– common law

– equity

Our Local Heritage (cont.)

• The term constitutional law applies to laws that interpret state and national constitutions—first and foremost cases involving the limits of government power and the rights of the individual.

• In the United States, state constitutions were the first to be placed in writing. Of the original 13 states, 11 adopted written constitutions in the years between 1776 and 1780.

Our Local Heritage (cont.)

• A statute is a law that is written by a legislative branch of government.

• Statutory law is the body of all such laws passed by the U.S. Congress, state legislatures, and other governing bodies.

• Statutes passed by city councils are called ordinances.

Our Local Heritage (cont.)

• Most federal court decisions, including those of the Supreme Court, are related to statutory law.

• Administrative law spells out the authority level and procedures of government agencies.

• The single most important basis of the American legal system is common law, also called case law. It is law made by judges as they resolve individual cases.

Our Local Heritage (cont.)

• Equity is a certain set of legal rules or principles that developed over time to supplement and sometimes overrule common law or statutory law in a decision.

Legal System Principles

• Four basic principles underlie how both federal and state courts operate:

– equal justice under the law;

– due process of law;

– an adversary system of justice; and

– the presumption of innocence.

Legal System Principles (cont.)

• Equal justice under the law means that the goal of the American court system is to treat all persons alike.

• Due process has two parts:

– Substantive due process is a kind of shorthand for rights that are specified or implied in the Constitution, such as free speech or the right of privacy.

Legal System Principles (cont.)

– Procedural due process concerns fairness in the way a case is handled, including giving the affected person the right to be heard on the accusation.

• American court operates under an adversary system of justice—the courtroom is an arena where lawyers for the opposing sides are adversaries and that the lawyer who makes the better case will win.

Legal System Principles (cont.)

• Part of what helps a lawyer win a case is doing a good job during voir dire, the jury selection process in which lawyers on both sides interview potential jurors.

• One basic principle of the American justice system is presumed innocence. The burden of proving an accusation falls on the prosecution—defendants do not have to prove their innocence.

A. A

B. B

C. C

D. D A B C D

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What term refers to the fairness in the way a case is handled?

A. common lawB. fairness doctrineC. procedural due

processD. substantive due

process

Content Vocabulary

• civil law• contract• expressed

contract• implied co

ntract• real proper

ty

• personal property

• mortgage• tort• plaintiff• defendant• injunction

• complaint• summons• answer• discovery• mediation• affidavit

Types of Civil Law

• Civil law concerns disputes among two or more people, or between individuals and the government.

• Civil cases arise when people believe they have suffered an injury or want to prevent a harmful action.

Types of Civil Law (cont.)

• There are four important types of civil law:

– contracts;

– property;

– family relations; and

– torts.

Types of Civil Law (cont.)

• A contract is a set of voluntary promises, enforceable by the law, between parties who agree to do or not to do certain things.

• In an expressed contract, the terms are specifically stated by the parties, usually in writing.

• In an implied contract, the terms are not stated but can be inferred from what people do and the circumstances.

Types of Civil Law (cont.)

• Property law is civil law that deals with the use and ownership of property.

• Real property is land and whatever is attached to or growing on it.

• Personal property is all other property, including movable items like clothes and cars and intangible items like stock and bonds.

• A mortgage is a loan to pay for a house.

Types of Civil Law (cont.)

• Family law refers to civil law that deals with family relationships, including marriage, divorce, child custody, and child support issues.

• A tort is any wrongful act (other than breaking a contract) for which an injured person can sue for damages in a civil court.

• There are two major kinds of torts—intentional and unintentional.

Steps in a Civil Case

• Civil cases are called lawsuits.

• The plaintiff is the person who brings charges in a lawsuit, called the complaint.

• The defendant is the person against whom the suit is brought.

How a Civil Case is Processed

Steps in a Civil Case (cont.)

• In some lawsuits involving equity, the plaintiff may ask the court to issue an injunction—a court order that forbids a defendant from taking or continuing a certain action.

• There are six stages in how a lawsuit proceeds:

– hiring a lawyer;

– filing a complaint;

How a Civil Case is Processed

Steps in a Civil Case (cont.)

– pretrial discovery;

– resolution without trial;

– trial; and

– the award.

How a Civil Case is Processed

Steps in a Civil Case (cont.)

• The plaintiff sets forth the charges against the defendant in a complaint, a legal document filed with the court that has jurisdiction.

• The defendant receives a summons, an official notice with the date, time, and place of the initial court appearance.

How a Civil Case is Processed

Steps in a Civil Case (cont.)

• The defendant’s lawyer may file a motion to dismiss, asking the court to end the suit.

• If the court says no, the defendant must then file an answer, or formal response to the charges within a certain time, usually 10 to 60 days.

How a Civil Case is Processed

Steps in a Civil Case (cont.)

• Discovery occurs when both sides prepare for trial by checking facts and gathering evidence for their case.

• Ninety percent of all civil lawsuits are settled before trial through one of several techniques, including settlement, mediation, and arbitration.

How a Civil Case is Processed

• Arbitration is conducted by a professional who acts somewhat like a judge.

• The arbitrator reviews evidence and decides on a solution; the decision usually applies to everyone.

Steps in a Civil Case (cont.)

How a Civil Case is Processed

• During mediation, each side is given the opportunity to explain its side of the dispute and must listen to the other side.

Small Claims Court

• Small claims courts hear civil cases involving claims ranging from $1,000 to $5,000.

• An affidavit is a statement that is written and sworn to in the presence of an authorized person, such as a notary public.

• Winning a judgment in small claims court does not guarantee the collection of a payment.

Small Claims Court (cont.)

• If the defendant is unwilling or unable to pay, the plaintiff can get a court order requiring payment and give it to the police or sheriff to enforce the order.

• One trend the National Association for State Courts has noted is an increase in the handling of cases electronically.

E-Filing Court Cases

Content Vocabulary

• criminal law• criminal justice system• petty offense• misdemeanor• felony• arrest warrant• grand jury

• indictment• information• plea bargaining• jury• verdict• hung jury• sentence

Types of Crime

• In criminal law cases, the government charges a person with a crime.

• The government is always the prosecutor, and the defendant is the person charged.

• A crime is an act that breaks the law and harms someone or society in general.

• The criminal justice system is the system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law.

Types of Crime (cont.)

• Petty offenses are minor crimes such as parking illegally, littering, disturbing the peace, minor trespassing, and driving over the speed limit.

• Misdemeanors represent more serious crimes such as vandalism, stealing inexpensive items, writing bad checks for modest amounts of money, or being drunk and disorderly.

Types of Crime (cont.)

• Felonies are serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, murder, or manslaughter

Crime and Law Enforcement, 2004

Steps in Criminal Cases

• The first step in a criminal case is for the police to gather enough evidence to convince a judge to issue a warrant to arrest a suspect.

• A valid arrest warrant lists the suspect’s name and the alleged crime.

• Whenever someone is arrested, he or she must be brought before a judge as quickly as possible to be charged—usually within 24 hours.

Steps in Criminal Cases (cont.)

• A grand jury is a group of citizens who review the charges to determine whether there is enough evidence to “hand up” an indictment, or formal criminal charge.

• Today, in misdemeanor cases and in many felony cases, courts use an information rather than a grand jury indictment.

• An information is a sworn statement by the prosecution asserting that enough evidence exists to go to trial.

Steps in Criminal Cases (cont.)

• In about 90 percent of all criminal cases, the process comes to an end with a guilty plea because of plea bargaining.

• In this pretrial process, the prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime in return for the government not prosecuting the more serious crime with which the defendant was originally charged.

Steps in Criminal Cases (cont.)

• At the arraignment, the judge reads the formal charge against the defendant in court.

• The defendant then enters one of four pleas:

– not guilty;

– not guilty by reason of insanity;

– guilty; or

– no contest, or nolo contendere.

Steps in Criminal Cases (cont.)

• If the plea is “not guilty,” the next stage is the trial.

• A jury is a group of citizens who hear evidence during a trial to decide on guilt or innocence.

• The last step is the decision, or verdict, in the case.

• If the jury cannot agree on a verdict, there is a hung jury, and the court usually declares a mistrial.

Steps in Criminal Cases (cont.)

• If the verdict is “guilty,” the judge usually determines the sentence, or punishment for the offender.

State Prison Populations, 2007

Searches and Seizures

• To protect the innocent from searches, the Fourth Amendment specifies that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

• The police do not need a warrant to search and arrest someone seen breaking the law, even minor infractions of the law.

• The exclusionary rule excludes illegally obtained evidence from trial.

Searches and Seizures (cont.)

• The Supreme Court views wiretapping, eavesdropping, and other means of electronic surveillance to be search and seizure.

• The Writ of Habeas Corpus is a court order that directs an official who has a person in custody to bring the prisoner to court and to explain to a judge why the person is being held.

Searches and Seizures (cont.)

• A prisoner must be released unless sufficient cause can be shown to detain him or her.

• Article I, Section 9, of the Constitution guarantees this right and says it cannot be suspended except in cases of rebellion or invasion.

Guarantee of Counsel

• The Sixth Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.”

• In federal cases, the courts provided the counsel, or an attorney.

• The Supreme Court has ruled that whenever a jail sentence of six months or more is possible, the accused has a right to a lawyer at public expense.

Self-Incrimination

• The Fifth Amendment says that no one “shall be compelled in any criminal case to be a witness against himself.”

• The courts have interpreted this protection against self-incrimination to cover not only criminal defendants, but witnesses who appear before a congressional committee or grand jury.

Self-Incrimination (cont.)

• In Miranda v. Arizona (1966), the Supreme Court ruled that the Fifth Amendment requires police to clearly inform suspects of their rights before questioning them.• Unless they are informed, none of their statements can be used in court.

Double Jeopardy

• The Fifth Amendment states in part that no person shall be “twice put in jeopardy of life and limb.”

• Double jeopardy means a person may not be tried twice for the same crime, thus protecting people from harassment.

Debating the Death Penalty

• The Eighth Amendment forbids cruel and unusual punishment. It is the only place in the Constitution where criminal penalties are specifically limited.

Capital Punishment in the United States

• There is debate over whether the death penalty—also called capital punishment—should be considered “cruel and unusual punishment.”

Debating the Death Penalty (cont.)

• The Supreme Court has issued a series of decisions upholding the death penalty while at the same time limiting the ultimate punishment to a small category of offenders.

Capital Punishment in the United States