Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES
|
|
- Imogen McLaughlin
- 5 years ago
- Views:
Transcription
1 Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES
2 In the U.S. when one is accused of breaking the law he / she has rights for which the government cannot infringe upon when trying to prove that person s guilt. These rights / civil liberties / protections from government are rooted in the Bill of Rights.
3 In short, defendants have the right... of habeas corpus to be protected from ex-post facto to a jury trial to a speedy trial to not be forced into self-incrimination to counsel (an attorney) Some have argued this is the most important. Without being able to go to a judge, a third party, law enforcement (the executive) power would be unchecked. I got rights! to be protected from unreasonable searches and seizures to be protected from cruel and unusual punishment
4 The notion is that in order for the government to take your right to life, liberty, and property, it must follow due process as guaranteed in the 14 th amendment. The due process clause of the 14 th Amendment: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law. In other words, the government (including state governments) must act fairly and use fair procedures. The Supreme Court has defined due process on a case by case basis.
5 Searches & Seizures The government (i.e. police) is forbidden to search and seize an individual and their property without probable cause (a reasonable belief that there is guilt). In some cases a search warrant is issued by a court certifying that probable cause exists. In some cases the Supreme Court has approved of searches based on a reasonable chance of finding evidence of wrongdoing, i.e. there was no probably cause. For example, drug screenings.
6 One s civil liberty to be protected from illegal searches and seizures is guaranteed in the 4 th Amendment: The 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. The SC has interpreted the 4 th Amendment in a manner that evidence obtained from an unreasonable search and seizure to be unconstitutionally and thus not allowed in court exclusionary rule.
7 Mapp v. Ohio (1961):The SC ruled that the one s 4 th Amendment right to be protected from unreasonable searches and seizures also applies to state governments. The police were searching for a fugitive, but instead found illegal obscene material in Mapp s possession. Mapp argued that this material was seized illegally since the intent of the search was for a fugitive, thus it should have been excluded in court. The SC agreed. Why did it take until 1961 for states to be told they had to do this? Remember the incorporation doctrine? Slowly, but surely the courts were forcing state governments to abide by the Bill of Rights due to the 14 th Amendment. Until the courts told them they had to, they weren t going to do it on their own.
8 Self-incrimination In the U.S. criminal justice system one is innocent until proven guilty. This right is outlined in the 5 th Amendment: No person shall be held to answer for a capital, or otherwise infamous crime... nor shall be compelled in any criminal case to be a witness against himself... A defendant does NOT have to prove their innocence, rather the burden of proof is on the government / prosecution. The Supreme Court has ruled that those arrested (i.e. accused of a crime) must be notified of this right (Miranda v. Arizona, 1966).
9 On a side note... The 5 th Amendment like the 14 th Amendment addresses a variety of issues. 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. Double Jeopardy Eminent Domain
10 Right to Counsel Those charged with crimes have the right to an attorney as outlined in the 6 th Amendment: 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 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 defence. Note the spelling of the word. Many of these rights were traditional British rights too. The federal government had always ensured this right to defendants, states had not (Remember! States were slow to incorporate the Bill of Rights).
11 Gideon v. Wainwright (1963): The SC found that anyone accused of a felony where imprisonment may be imposed, however poor they might be, has a right to a lawyer. In a subsequent case (Argersinger v. Hamilton, 1972) the SC said that a lawyer must be provided for the accused whenever imprisonment could be imposed.
12 Trials A defendant s right to a fair and speedy trial is also outlined in the 6 th Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State...
13 Other parts of the 6 th Amendment 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 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 defence. Habeas corpus Right to confront your accuser You may force witnesses to appear at court
14 Cruel & Unusual Punishment A defendant / convict s right to be protected from cruel and unusual punishment in the 8 th Amendment: Excessive bail shall not be required, nor excessive fined imposed, nor cruel and unusual punishments inflicted. The purpose of bail is to allow a person charged with a crime to leave jail, as long as they put money upfront, so that they can better prepare for their upcoming trial.
15 It is up to the Supreme Court to interpret what cruel and unusual means. Gregg v. Georgia (1976): The SC upheld the constitutionality of the death penalty / capital punishment. - Louisiana v. Resweber (1947), the Court ruled it was not unconstitutional to subject an individual to a 2 nd electrocution if they survived the first attempt. Furman v. Georgia (1972), the SC overturned GA s death penalty at the time because it was carried out randomly. Estelle v. Gamble (1976), the Court said a state could not deny a prisoner needed medical care. Coker v. Georgia (1977), The SC found that the death penalty for a rape conviction of an adult woman violated the 8 th amendment. Roper v. Simmons (2005), The SC found that the death penalty was unconstitutional for those who committed their crime before age 18.
16 Similar to other civil liberties (i.e. freedom of speech), for most of our nation s history state governments felt they were exempt from having to give defendant s these rights (they assumed it only applied to the federal government), but with the passing of the 14 th Amendment slowly but surely the Supreme Court decided that states must also incorporate the Bill of Rights, (i.e. incorporation doctrine). The Supreme Court says you have to follow the Bill of Rights!
Hands on the Bill of Rights
Hands on the Bill of Rights Instructions Read the text of each Amendment to see which rights and freedoms it guarantees. To help you remember these rights, perform the finger tricks for each Amendment.
More informationPeople can have weapons within limits, and be apart of the state protectors. Group 2
Amendment I - Congress 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
More informationAP US GOVERNMENT & POLITICS UNIT 6 REVIEW
AP US GOVERNMENT & POLITICS UNIT 6 REVIEW CIVIL RIGHTS AND CIVIL LIBERTIES Civil liberties: the legal constitutional protections against government. (Although liberties are outlined in the Bill of Rights
More informationCh. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights
Name: Date: Period: Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Notes Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights 1 Objectives about Civil Liberties GOVT11 The student
More informationUnited States Constitutional Law: Theory, Practice, and Interpretation
United States Constitutional Law: Theory, Practice, and Interpretation Class 4: Individual Rights and Criminal Procedure Monday, December 17, 2018 Dane S. Ciolino A.R. Christovich Professor of Law Loyola
More informationBill of Rights THE FIRST TEN AMENDMENTS
Bill of Rights { THE FIRST TEN AMENDMENTS The Constitution of the United States: The Bill of Rights These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights." Amendment
More informationDay 7 - The Bill of Rights: A Transcription
Day 7 - The Bill of Rights: A Transcription The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791,
More informationThe Bill of Rights determines how you must be treated by the government. It outlines your rights as an American.
Learning Target I can explain the basic rights promised in the Bill of Rights. Why You Should Care The Bill of Rights determines how you must be treated by the government. It outlines your rights as an
More informationCivil Liberties and Civil Rights. Government
Civil Liberties and Civil Rights Government Civil Liberties Protections, or safeguards, that citizens enjoy against the abusive power of the government Bill of Rights First 10 amendments to Constitution
More informationBill of Rights! First 10!!! What were the basic rights promised in the Bill of Rights?
Bill of Rights! First 10!!! What were the basic rights promised in the Bill of Rights? The Bill of Rights The First 10 Amendments to the Constitution Take notes on the slides as they appear. Draw pictures
More informationFifth, Sixth, and Eighth Amendment Rights
You do not need your computers today. Fifth, Sixth, and Eighth Amendment Rights How have the Fifth, Sixth, and Eighth Amendments' rights of the accused been incorporated as a right of all American citizens?
More informationThe Five Freedoms: 1. Religion 2. Assembly 3. Press 4. Petition 5. Speech RAPPS
The Five Freedoms: 1. Religion 2. Assembly 3. Press 4. Petition 5. Speech RAPPS A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,
More informationThe Constitution. Structure and Principles
The Constitution Structure and Principles Structure Preamble We the People of the United States in Order to form a more perfect Union establish Justice insure domestic Tranquility provide for the common
More informationCh. 20. Due Process of Law. The Meaning of Due Process 1/23/2015. Due Process & Rights of the Accused
Ch. 20 Due Process & Rights of the Accused Due Process of Law How is the meaning of due process of law set out in the 5th and 14th amendments? What is police power and how does it relate to civil rights?
More informationAmendments to the US Constitution
Amendments to the US Constitution 1-27 Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom
More informationChapter 3. U.S. Constitution. THE US CONSTITUTION Unit overview. I. Six Basic Principles. Popular Sovereignty. Limited Government
Chapter 3 U.S. Constitution THE US CONSTITUTION Unit overview I. Basic Principles II. Preamble III. Articles IV. Amendments V. Amending the Constitution " Original divided into 7 articles " 1-3 = specific
More informationThe Bill of Rights. Part One: Read the Expert Information and highlight the main ideas and supporting details.
The Bill of Rights Part One: Read the Expert Information and highlight the main ideas and supporting details. Expert Information: The Anti-Federalists strongly argued against the ratification of the Constitution
More informationRIGHTS OF THE ACCUSED. It is better to allow 10 guilty men to go free than to punish a single innocent man.
RIGHTS OF THE ACCUSED It is better to allow 10 guilty men to go free than to punish a single innocent man. HABEAS CORPUS A writ of habeas corpus is a court order directing officials holding a prisoner
More informationThe United States Constitution
The United States Constitution The Structure of Government Republican Form of Government Representative Democracy Federation of States with a central government THE PREAMBLE: 3 words that changed the world
More informationObjectives : Objectives (cont d): Sources of US Law. The Nature of the Law
The Nature of the Law Martha Dye-Whealan RPh, JD Pharm 543 Objectives : Identify and distinguish the sources of law in the United States. Understand the hierarchy of laws, and how federal and state law
More informationCivil Liberties and Civil Rights. Government
Civil Liberties and Civil Rights Government Civil Liberties Protections, or safeguards, that citizens enjoy against the abusive power of the government Bill of Rights First 10 amendments to Constitution
More informationCivil Liberties. What are they? Where are they found?
Civil Liberties What are they? Where are they found? Are protections given to individuals against action of the government. Usually the protections are written in a Constitution. American civil liberties
More informationCRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS. February 2017
CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS February 2017 Prepared for the Supreme Court of Nevada by Ben Graham Governmental Advisor to the Judiciary Administrative Office of the Courts 775-684-1719
More informationAmerican Government. Topic 8 Civil Liberties: Protecting Individual Rights
American Government Topic 8 Civil Liberties: Protecting Individual Rights Section 5 Due Process of Law The Meaning of Due Process Constitution contains two statements about due process 5th Amendment Federal
More informationIn this article we are going to provide a brief look at the ten amendments that comprise the Bill of Rights.
The Bill of Rights Introduction The Bill of Rights is the first ten amendments to the Constitution. It establishes the basic civil liberties that the federal government cannot violate. When the Constitution
More informationYou ve Got Rights Workshop icivics, Inc.
You ve Got Rights Workshop icivics, Inc. This workshop will allow students to master the following: Identify the rights granted by the Bill of Rights Categorize the rights in the Bill of Rights as individual
More informationBill of Rights. Bill or Rights Essential Questions;
Bill of Rights Bill or Rights Essential Questions; What is the purpose of the Bill of Rights? How does each amendment protect liberty? In what ways can the government limit individual rights? Key Objectives
More informationThe UDL ft. The Founding Fathers/Patriarchs : February March Curriculum. United States Government (with a focus on rebuttal speeches)
The UDL ft. The Founding Fathers/Patriarchs : February March Curriculum United States Government (with a focus on rebuttal speeches) I don t need a curriculum. Fuck that. I do what I want. Chris Taylor,
More informationDuring the constitutional debates many delegates feared that the Constitution as
THE BILL OF RIGHTS Grade 5 United States History and Geography I. Introduction During the constitutional debates many delegates feared that the Constitution as drafted gave too much power to the central
More informationRIGHTS GUARANTEED IN ORIGINAL TEXT CIVIL LIBERTIES VERSUS CIVIL RIGHTS
CIVIL LIBERTIES VERSUS CIVIL RIGHTS Both protected by the U.S. and state constitutions, but are subtly different: Civil liberties are limitations on government interference in personal freedoms. Civil
More informationForensics and Bill of Rights. Elkins
Forensics and Bill of Rights Elkins Our Rights and Their Effect on Forensic Evidence Understanding the rights of United States citizens under the law (Bill of Rights) is vital when collecting, analyzing,
More informationThe Bill of Rights. If YOU were there... First Amendment
2 SECTION What You Will Learn Main Ideas 1. The First Amendment guarantees basic freedoms to individuals. 2. Other amendments focus on protecting citizens from certain abuses. 3. The rights of the accused
More informationMethods of Proposal. Method 1 By 2/3 vote in both the House and the Senate. [most common method of proposing an amendment]
Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing
More informationFirst Amendment. Original language:
First Amendment Congress 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
More informationDue Process of Law. 5th, 6th and & 7th amendments
Due Process of Law 5th, 6th and & 7th amendments Miranda v. Arizona (1966) Ernesto Miranda was arrested in his home and brought to the police station where he was questioned After 2 hours he signed a confession,
More information7 Principles of the Constitution. 1.Popular Sovereignty- the governments right to rule comes from the people
7 Principles of the Constitution 1.Popular Sovereignty- the governments right to rule comes from the people 2. Limited Government- the government has only the powers that the Constitution gives to it 3.
More informationSuppose you disagreed with a new law.
Suppose you disagreed with a new law. You could write letters to newspapers voicing your opinion. You could demonstrate. You could contact your mayor or governor. You could even write a letter to the President.
More informationPre-AP Agenda (9/1-5)
Pre-AP Agenda (9/1-5) Monday No school Tuesday - copy agenda - Hand le on the Preamble - Principles of the Constitution foldable Wednesday - Voting in America picture analysis Thursday - Where is the Control?
More informationCivil Liberties. Chapter 4
Civil Liberties Chapter 4 The Bill of Rights Debate over necessity at Constitutional Convention. Guarantees specific rights and liberties. Ninth Amendment states other rights exist. Tenth Amendment reserves
More informationSocial Studies 7 Civics CH 4.2: OTHER BILL OF RIGHTS PROTECTIONS
Social Studies 7 Civics CH 4.2: OTHER BILL OF RIGHTS PROTECTIONS RIGHTS OF THE ACCUSED RIGHTS OF THE ACCUSED A. The First Amendment protects five basic freedoms for all Americans. RIGHTS OF THE ACCUSED
More informationIR 26 CONSTITUTIONAL RIGHTS CHAPTER 13
IR 26 CONSTITUTIONAL RIGHTS CHAPTER 13 1 INCORPORATION What is incorporation? A process that extended the protections of the Bill of Rights against actions of state and local governments. This means that
More informationRights of the Accused
A. Justification Rights of the Accused 1.Fear of unchecked governmental power / innocent until proven guilty 2. Suspects are citizens and thus have rights 3. Better to free a guilty person than to jail
More informationThe Incorporation Doctrine Extending the Bill of Rights to the States
The Incorporation Doctrine Extending the Bill of Rights to the States Barron v. Baltimore (1833) Bill of Rights applies only to national government; does not restrict states 14 th Amendment (1868) No state
More informationYou ve Got Rights! We Defeated the British Now What? More and More Rights. Name:
We Defeated the British Now What? The year is 1791. After a bloody war against the British, the American colonists have won their independence. The new Americans are excited, but some people are afraid
More informationCriminal Law. The Basics
Criminal Law The Basics Branches of law Criminal Wrongs against the state Civil Private injury, mediated by state Administrative Law of administrative or regulatory agencies Legal categories of crimes
More informationCriminal Procedure. 8 th Edition Joel Samaha. Wadsworth Publishing
Criminal Procedure 8 th Edition Joel Samaha Wadsworth Publishing Criminal Procedure and the Constitution Chapter 2 Constitutionalism In a constitutional democracy, constitutionalism is the idea that constitutions
More informationThe Constitution: Of The United States of America. Elizabeth Garcia, Esq.
The Constitution: Of The United States of America Elizabeth Garcia, Esq. Continental Congress Muppet Style Interesting Facts The Constitution has 4,400 words. It is the oldest and shortest written Constitution
More informationTHE POLITICS OF CIVIL LIBERTIES
CIVIL LIBERTIES THE POLITICS OF CIVIL LIBERTIES Civil liberties: protections the Constitution provides individuals against the abuse of government power State ratifying constitutions demanded the addition
More informationQuarter Two: Unit One
SS.7.C.2.4 ****At the end of this lesson, I will be able to do the following: recognize that the Bill of Rights comprises the first ten amendments to the U.S. Constitution. recognize the five freedoms
More informationAMENDMENTS TO THE CONSTITUTION of THE UNITED STATES OF AMERICA
AMENDMENTS TO THE CONSTITUTION of THE UNITED STATES OF AMERICA The Bill of Rights (Amendments 1-10) Amendment I - Religion, Speech, Assembly, and Politics Congress shall make no law respecting an establishment
More informationI Have Rights?! Name: Rights Activity p.1
Fast Forward... The year is 2056. The world as you know it has been completely destroyed by alien invaders. You and a group of survivors have just won a terrifying battle against the aliens, who have now
More informationAppendix A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education **** **** ****
A Legal Guide for Student Affairs Professionals, Second Edition by William A. Kaplin and Barbara A. Lee Copyright 2009 John Wiley & Sons, Inc. Appendix A Constitution of the United States of America: Provisions
More informationBusiness Law Chapter 9 Handout
Major Differences: 2 Felonies Serious crimes, punishable by Death or prison for more than one (1) year. Misdemeanors Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
More informationAbraham Lincoln: Defender of the Constitution or Tyrant?
Abraham Lincoln: Defender of the Constitution or Tyrant? D EVELOPED BY B EN N EILSON T HE L INCOLN T ELEGRAM C OLLABORATIVE A PRIL 2 013 "If I were to try to read, much less answer, all the attacks made
More informationThe United States Constitution, Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
pg.1 The United States Constitution, Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of
More informationThe Bill of Rights. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.
The Bill of Rights Introduction The Bill of Rights was ratified in 1791 It includes the first 10 Amendments to the Constitution It protects American s basic freedoms against the power of the Federal Government
More information5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION
Civil Liberties and Civil Rights Chapters 18-19-20-21 Chapter 18: Federal Court System 1. Section 1 National Judiciary 1. Supreme Court highest court in the land 2. Inferior (lower) courts: i. District
More informationBasic Concepts of Civil Rights & Liberties
Basic Concepts of Civil Rights & Liberties Similarities & Differences Civil Liberties vs. Civil Rights Terms are often used interchangeably but technically not correct Civil liberties- personal guarantees
More informationText of the 1st - 10th Amendments to the U.S. Constitution The Bill of Rights
Text of the 1st - 10th Amendments to the U.S. Constitution The Bill of Rights 1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
More informationCivil Liberties and Civil Rights
Government 2305 Williams Civil Liberties and Civil Rights It seems that no matter how many times I discuss these two concepts, some students invariably get them confused. Let us first start by stating
More informationChapter 4: Civil Liberties
Chapter 4: Civil Liberties Objective 1: Understand the constitutional basis of civil liberties and the Supreme Court's role in defining them. Define the term "civil liberties." What was the most important
More informationTest Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson
Test Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson Link download full: https://digitalcontentmarket.org/download/test-bank-forcriminal-evidence-principles-and-cases-8th-edition-by-gardner-and-anderson/
More informationChapter 04: Civil Liberties Multiple Choice
Multiple Choice 1. Under the Antiterrorism and Effective Death Penalty Act of 1996, the government can: a. demand personal information about individuals from private companies such as banks. b. monitor
More informationSection 9-1: Understanding the Constitution
Name: Date: Chapter 9 Study Guide Section 9-1: Understanding the Constitution Fill in the blanks: 1. The United States government may be described as a representative democracy, or one in which people
More informationOhio Bill of Rights. 02 Right to alter, reform, or abolish government, and repeal special privileges (1851)
Ohio Constitution Preamble We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution. Bill of
More informationPRE TEST. 1. The purpose of the Bill of Rights is to? A. limit the rights of individuals. B. specify the powers of citizens
PRE TEST NAME: DATE: 1. The purpose of the Bill of Rights is to? A. limit the rights of individuals B. specify the powers of citizens C. specify the powers of the government D. prove that Bill is right!
More informationHOW DO THE FIFTH, SIXTH, AND EIGHTH AMENDMENTS PROTECT RIGHTS WITHIN THE JUDICIAL SYSTEM?
32 HOW DO THE FIFTH, SIXTH, AND EIGHTH AMENDMENTS PROTECT RIGHTS WITHIN THE JUDICIAL SYSTEM? LESSON PURPOSE Four of the first eight amendments in the Bill of Rights address the rights of criminal defendants.
More informationCONSTITUTION of the COMMONWEALTH OF PENNSYLVANIA
CONSTITUTION of the COMMONWEALTH OF PENNSYLVANIA Article Preamble I. Declaration of Rights II. The Legislature III. Legislation IV. The Executive V. The Judiciary Schedule to Judiciary Article VI. Public
More informationCivil Liberties and the Internet. Timothy M. Donoughue July 16, 2004
Civil Liberties and the Internet Timothy M. Donoughue July 16, 2004 Ground Rules No Pride of Professorship Article I, Section 8 (my area) Equal Coverage What is What should be Questions/Comments Welcome
More informatione. City of Boerne v. Flores (1997) i. RFRA Unconstitutional f. Court Reversal on Use of Peyote in 2006 B. Freedom of Speech and Press 1.
Civil Liberties I. The First Amendment Rights A. Religion Clauses 1.Establishment a. Wall of Separation? i. Jefferson b. Engel v. Vitale (1962) i. School Prayer c. Lemon v. Kurtzman (1971) i. Three Part
More informationThe Bill of Rights *** The First Ten Amendments to the U.S. Constitution
The Bill of Rights *** The First Ten Amendments to the U.S. Constitution Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging
More informationREPORTING CATEGORY 2: ROLES, RIGHTS & RESPONSIBILITIES OF CITIZENS
REPORTING CATEGORY 2: ROLES, RIGHTS & RESPONSIBILITIES OF CITIZENS SS.7.C.2.1: Define the term "citizen," and identify legal means of becoming a United States citizen. Citizen: a native or naturalized
More informationLESSON PLAN: You Be The Judge!
LESSON PLAN: You Be The Judge! Photo by Mark Thayer Purpose: Students connect their ideas and lives to the larger community and world. Students develop critical thinking skills and think independently.
More informationCivil Rights and Civil Liberties
Civil Rights and Civil Liberties Examples of Civil Liberties v. Civil Rights Freedom of speech Freedom of the press Right to peacefully assemble Right to a fair trial A person is denied a promotion because
More informationThe Bill of Rights First Ten Amendments
The Bill of Rights First Ten Amendments Chapter 1 The Bill of Rights...00 Overview Drafting the Bill of Rights.....00 Debate in Congress....00 History of Amendment Language.....00 As Submitted to the States....00
More informationTHE NATIONAL GOVERNMENT OF THE UNITED STATES OF AMERICA
THE NATIONAL GOVERNMENT OF THE UNITED STATES OF AMERICA 1492 1789 2010 The national government is located in Washington, District of Columbia, a site chosen by President George Washington in 1790. THE
More informationPrepare. Activity Options Choose 1 (or more if you have time!) Anticipate. Instruct. Close
Teacher Guide Time Needed: 1 Class Period Materials: Student worksheets Access to icivics.org (optional) Activity pages (as needed) Preparation: Anticipation Activity (half-sheet; class set) Amendment
More informationChapter 17 Rights to Life, Liberty, Property
Chapter 17 Rights to Life, Liberty, Property Key Chapter Questions 1. What is due process? 2. How is American citizenship acquired or lost and what are the rights of American citizens? 3. What are the
More informationA Guide to the Bill of Rights
A Guide to the Bill of Rights First Amendment Rights James Madison combined five basic freedoms into the First Amendment. These are the freedoms of religion, speech, the press, and assembly and the right
More informationCIVIL LIBERTIES AND RIGHTS
CIVIL LIBERTIES AND RIGHTS I. PROTECTIONS UNDER THE BILL OF RIGHTS a. Constitutional protection of fundamental rights is not absolute b. Speech that threatens national security or even fundamental rights
More informationAddendum: The 27 Ratified Amendments
Addendum: The 27 Ratified Amendments Amendment I Protects freedom of religion, speech, and press, and the right to assemble and petition Congress shall make no law respecting an establishment of religion,
More informationYou ve Got Rights! STEP BY STEP
Teacher s Guide You ve Got Rights! Time Needed: One class period Materials Needed: Student worksheets Scissors, glue (optional) Copy Instructions: Anticipation Activity (half-sheet; class set) Reading
More informationThe Big Idea The U.S. Constitution balances the powers of the federal government among the legislative, executive, and judicial branches.
Understanding the Constitution The Big Idea The U.S. Constitution balances the powers of the federal government among the legislative, executive, and judicial branches. Main Ideas The framers of the Constitution
More informationPreamble to the Bill of Rights. Amendment I. Amendment II. Amendment III. Amendment IV. Amendment V.
THE AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES AS RATIFIED BY THE STATES Preamble to the Bill of Rights Congress of the United States begun and held at the City of New-York, on Wednesday the fourth
More informationBaumgartner, POLI 195 Spring 2013
Baumgartner, POLI 195 Spring 2013 How the death penalty came back after Furman (1972) Reading: Garland, ch 6 January 28 2013 Furman v. Georgia (1972) Death penalty, as currently practiced, is: Arbitrary,
More informationPolicing: Legal Aspects
CHAPTER 6 Policing: Legal Aspects 1 Policing: Legal Environment No one is above the law not even the police. 2 Policing: Legal Environment The U.S. Constitution was designed to protect against abuses of
More informationArticles of Confederation vs. Constitution
Articles of Confederation vs. Analysis Objective What kind of government was set up by the Articles of Confederation? How does this compare to the US? Directions: Analyze the timeline below to understand
More informationLesson 6.2: Civil Rights/Civil Liberties & Selective Incorporation. AP U. S. Government
Lesson 6.2: Civil Rights/Civil Liberties & Selective Incorporation AP U. S. Government Civil Rights vs. Civil Liberties "Civil Rights" vs. "Civil Liberties What s the difference between "civil rights"
More informationUnit 4 Assessment Amending the Constitution
Unit 4 Assessment Amending the Constitution 1. Which 1 st Amendment right does the freedom to gather and associate imply? a. speech b. assembly c. religion d. the press 2. The Fourth Amendment prevents
More informationThe Amendments. Constitution Unit
The Amendments Constitution Unit Amending the Constitution The United States Constitution was written in 1787 and ratified in 1788 The country s founding fathers knew that over time, the Constitution may
More informationName Class Period CIVIL LIBERTIES: FIRST AMENDMENT FREEDOMS. Describe the difference between civil liberties and civil rights.
Name Class Period UNIT 2 CHAPTER 19 MAIN IDEA PACKET: Civil Liberties & Civil Rights AMERICAN GOVERNMENT CHAPTERS 19, 20 & 21 CIVIL LIBERTIES: FIRST AMENDMENT FREEDOMS Chapter 19 Section 1: The Unalienable
More informationRights to Life, Liberty, and Property
Rights to Life, Liberty, and Property 1. Established rules and regulations that restrain those who exercise governmental power are termed a. civil rights. b. civil liberties. c. due process. d. law. 2.
More informationCHAPTER 4: Civil Liberties
CHAPTER 4: Civil Liberties MULTIPLE CHOICE 1. are limitations on government action, setting forth what the government cannot do. a. Bills of attainder b. Civil rights c. The Miranda warnings d. Ex post
More informationChapter 5 Civil Liberties Date Period
Chapter 5 Civil Liberties Name Date Period Multiple Choice 1. What does the Ninth Amendment to the Constitution say? 160 a. All non-enumerated powers of government belong to the states. b. Citizens have
More information13. How Immigration Status Affects Court Access
13. How Immigration Status Affects Court Access Lauren Morgan Ellerman Frith & Ellerman Law Firm, PC P.O. Box 8248 Roanoke VA 24014-0248 Tel: 540-985-0098 Email: lellerman@frithlawfirm.com Website: http://www.frithlawfirm.com/
More informationProtection of Individual Rights in the Modern World
Protection of Individual Rights in the Modern World Framing Question: What limits individual rights? Materials: U.S. Constitution Bill of Rights (selected amendments see Individual Rights Scenarios Answer
More informationChapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime:
Chapter 10 The Criminal Law and Business Criminal Liability Two elements must exist at the same time for a person to be convicted of a crime: 1 the performance of a prohibited act (actus reus) 2 a specified
More informationChapter 6 The Constitution and Business
Chapter 6 The Constitution and Business Checks and balances the national government is composed of three separate branches: the executive, the legislative, and the judicial branches. Each branch of the
More informationThe Bill of Rights: A Charter of Liberties Although the terms are used interchangeably, a useful distinction can be made between
The Bill of Rights The Bill of Rights: A Charter of Liberties Although the terms are used interchangeably, a useful distinction can be made between civil liberties and civil rights Rights and Liberties
More informationChapter 12 CAPITAL PUNISHMENT. Introduction to Corrections CJC 2000 Darren Mingear
Chapter 12 CAPITAL PUNISHMENT Introduction to Corrections CJC 2000 Darren Mingear CHAPTER OBJECTIVES 12.1 Outline the history of capital punishment in the United States. 12.2 Explain the legal provisions
More information