Life Liberty Property

Rights to Life, Liberty, Property • The framers of the Constitution attached great importance to “life, liberty, and property.” • Found in the Fifth Amendment, extending due process protection to individuals relative to the national government. • Also found in the Fourteenth Amendment, applying due process to the states. • These protections are extended to both citizens and aliens, including legal and undocumented immigrants.

Property Rights • Constitutional Protection of Property • The right to own, use, rent, invest in, buy, and sell property (land, house, and other tangible possessions) • In many cases, including the right to keep a job

Property Rights • Major intention of the framers of the Constitution • Establish a government strong enough to protect people’s rights to use and enjoy their property • Limit government so it could not endanger those rights. •Contract Clause •Police Powers

Property Rights • What Happens When the Government Takes Our Property? • Eminent Domain • Regulatory Taking

Due Process Rights Established rules and regulations that restrain people in government who exercise power. •Procedural Due Process – Constitutional requirement that government proceed by proper methods; places limits on how governmental power may be exercised. •Substantive Due Process - Constitutional requirement that government act reasonably and that the substance of the laws themselves be fair and reasonable; places limits on what a government may do.

The fifth and fourteenth Amendments provide that no individual shall be deprived of ____, _________, and _____without due process of law. a. health, wealth, or education b. life, liberty, or the pursuit of happiness

c. life, liberty, or property d. life, limb, or freedom

The provision against being tried twice for the same offense is found in which Amendment? a. One b. Four c. Five

d. Eight

The foremost civil liberty in the original Constitution is _____. a. b. c. d.

Writ of habeas corpus Ex post facto prohibition Freedom of speech Right to bear arms

_______ gives defendants access to federal courts to argue that their rights have been violated in state courts. a. Double jeopardy b. Habeas corpus c. An ex post facto law

d. The standard of reasonableness

Established rules and regulations that restrain those who exercise governmental power are termed a. civil rights b. civil liberties c. due process

d. law

Procedural due process refers to the a. appropriate procedures for writing

laws. b. methods by which a law is enforced.

c. limitations on what a government may do. d. idea that unreasonable laws are unconstitutional.

Substantive due process refers to the a. appropriate procedures for writing

laws. b. methods by which a law is enforced.

c. limitations on what a government may do. d. idea that unreasonable laws are unconstitutional.

Privacy Rights Never explicitly mentioned in the Constitution, but one that the Court, legal scholars, and sensible people all proclaim exists from the First, Third, Fourth, Fifth, and Ninth Amendments. Griswold v. Connecticut (1965) - Personal privacy recognized as a constitutional right

Abortion Rights Roe v. Wade (1973) Planned Parenthood v. Casey (1992) Stenberg v. Carhart (2000)

(AP Photo/Pablo Martinez Monsivais)

Sexual Orientation Rights (AP Photo/Nati Harnik)

Rights to privacy are associated with a. procedural due process. b. substantive due process. c. the First Amendment to the Constitution. d. the Fifth Amendment to the Constitution.

Rights of Persons Accused of Crimes Freedom from Unreasonable Searches and Seizures

Fourth Amendment Exceptions: Terry v. Ohio (1968) • Protects people, not places Border searches • Search warrants USA PATRIOT Act (2001) • Probable cause • The Exclusionary Rule • The Right to Remain Silent • The Miranda Warning Fair Trial Procedures • Grand jury • Indictment • The Right to Counsel • Plea bargain • Petit jury

Rights of Persons Accused of Crimes • Impartial jury • Peremptory challenges

• Appeals • Double jeopardy

•Sentencing and Punishment •Three Strikes •Appeals and Double Jeopardy •The Death Penalty 1960s-1970s: Ten-year moratorium Reinstated 1976 Growing concerns

•Torture

The Death Penalty Today • 36 states allow the death penalty. • Time Limits for Death Row Appeals • The 1996 Anti-Terrorism and Effective Death Penalty Act • limits appeals from death row.

(AP Photo/Rich Pedroncelli)

The state that leads the nation in the number of executions in recent years is a. Texas

b. Florida c. Virginia d. Massachusetts

The process of holding someone over for trial is known as _____. a.

Indictment

b.

Double jeopardy

c.

Procedural due process

d.

Plea bargain

The U.S. Supreme Court has a. eliminated the death penalty. b. mandated that every state have the death penalty.

c. required that states that apply the death penalty consider aggravating and mitigating circumstances. d. significantly increased the opportunities to appeal to the Supreme Court in such cases.

The States and the Death Penalty

Methods of Execution

The Death Penalty on Trial - Executions in the U.S.

How Just Is Our System of Justice? •Too Many Loopholes?

•Too Discriminatory?

•Too Unreliable?

•Unfair to Minorities?

Previous narrowing of the Fourth Amendment is exemplified by which of the following a. sobriety checkpoints

b. drug testing c. a relaxation in the definition of a “speedy trial” d. both a and b

The Supreme Court and Civil Liberties The Supreme Court continues to play a prominent role in developing public policy

• to protect the rights of the accused • to guarantee that the public is protected against those who break the laws

Second Amendment  Protects right to bear arms.  Written to protect state militias.  Few Supreme Court decisions have discussed issues.  Congressional regulation more frequent.  Citizens’ right reaffirmed in D.C. v. Heller (2008).

Fourth Amendment  First of the due process rights.  Protects against unfair searches and seizures.  Probable cause required to issue a warrant.  May search person, plain view, anything in control.  No warrant needed with reasonable suspicion.  New issues include cars, borders, and drug tests.

Fifth Amendment  Prevents coerced confessions compulsory self-incrimination and double jeopardy.

 Miranda v. Arizona (1966) is landmark case.  Miranda rights inform suspects of right to silence.

Exclusionary Rule  Derived from Fourth and Fifth Amendments.  Bars use of illegally seized evidence at trial.  Established largely in Mapp v. Ohio (1961).  Growing number of “good faith exceptions.”  Video Recording of Interrogations.  In the future, such a procedure might satisfy Fifth Amendment requirements.  These include a “public safety” exception, a rule that illegal confessions need not bar a conviction if other evidence is strong, and that suspects must claim their rights unequivocally.

Sixth Amendment  Protects right to counsel and jury trial in criminal cases.  Informed of charges  Gideon v. Wainwright (1963) sets precedent for counsel.

 Trial should be speedy and public.  Impartial jury by one’s peers  Jury selection has been subject of much debate.  In past, African Americans and women were excluded.

Eighth Amendment  Reasonable bail  Protects against cruel and unusual punishment.  Most common application is the death penalty.  Briefly unconstitutional for a period in 1970s.  Used at varying rates and forms in different states.

 Minors and mentally retarded are excluded.  Growth of innocence projects and DNA evidence.  2008 case upholds constitutionality of lethal injection.

Right to Privacy  Created by the courts from penumbras of constitution.  Applied first to contraception.  Extended to abortion in Roe v. Wade (1973).  Also applied in some homosexual rights cases.  Right to die movement also uses right to privacy.  Cruzan v. Director, Missouri Department of Health (1997)  Physician–Assisted Suicide

Civil Liberties in an Age of Terror  Balance between national security and civil liberties  Virtually all civil liberties have been affected.  USA Patriot Act (2001) and Military Commissions Act.  Place limitations on free speech rights.  Increase law enforcement’s search capabilities.  Attempt to deny habeas corpus rights to defendants.

Maintaining Civil Liberties • Interrogation Methods The USA Patriot Act • Renditions • Secret Prisons

Privacy Rights v. Security Issues • Privacy rights have taken on particular importance since September 11, 2001.

Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility? Evaluate the roles of institutions and the people in protecting civil liberties.

The dilemma in an age of terror is the balance between ____. a. Civil rights and civil liberties b. National security and civil liberties

c. National security and civil rights d. None of the above