Civil Liberties and Civil Rights - Civil Law - Lecture Slides, Slides of Civil Law

Download Civil Liberties and Civil Rights - Civil Law - Lecture Slides and more Slides Civil Law in PDF only on Docsity! Civil Liberties and Civil Rights US Politics Docsity.com Civil Liberties & Civil Rights • Definition/Distinction • 1st Amendment Issues • Rights of the Accused & Criminal Justice • Civil Rights Docsity.com Definition • Judicial Review – Marbury v. Madison (1803) • Incorporation Theory – Gitlow v. New York (1925) Docsity.com Definition • Judicial Review: power of the Supreme Court to determine the meaning of the constitution • Incorporation Theory: applying the protections of the Bill of Rights to the actions of state governments via the 14th Amendment Docsity.com 1st Amendment Issues • First Amendment rights include: – Religious Freedom – Free Speech – Free Press – Free Assembly Docsity.com Religious Freedom • Is aid -- tax dollars -- to church related schools permissible? Courts have ruled that it is ok for tax dollars to be spent on: school lunch, transportation, speech/hearing support, standardized tests, computer purchases and internet access, vouchers; subject to Lemon test restrictions Docsity.com Religious Freedom • School Prayer? – Mandatory? – Daily bible readings? – Moment of silent prayer? – Moment of silence for non- religious reasons? No. Engel v. Vitale (1962) No. Abington School District v. Schempp (1963) No. Wallace v. Jaffree (1985) Yes. Brown v. Gwinnett County S.D. (1997) Docsity.com Religious Freedom • Prayer outside of school – Permissible to have religious leaders not affiliated with school at “official” school events? – Permissible to have student led prayer at official school events? No (Lee v. Weisman [1992]) Yes. Santa Fe Independent S.D. v. Doe (2000) student led prayer okay, but can’t use PA system Docsity.com Religious Freedom • Evolution vs. Creationism – Edwards v. Aguillard (1987) -- states cannot mandate teaching of biblical creationism Docsity.com Religious Freedom • Kitzmiller et. al. vs Dover Area School District (2005) – State cannot mandate teaching of “Intelligent Design” in the science curriculum Docsity.com Religious Freedom • Free Exercise – Distinction between belief and practice – Courts have upheld state intervention in religious practices • Drug Use permissible? No. Oregon v. Smith (1990) Yes. Gonzales v O Centro Espirita Benficiente Unaio do Vegetal (2006) Docsity.com Freedom of Expression • Free speech provisions – Permitted Restrictions • Schenck v. United States (1919) - “clear and present danger” • Gitlow v. New York (1925) - “bad tendency” • Brandenburg v. Ohio (1969) - “incitement to imminent lawlessness” Docsity.com Freedom of Expression • “Beyond the Pale” unprotected speech – Obscenity – Fighting Words – Heckler’s Veto – Hate Speech – Slander – Advocate illegal activities Docsity.com Freedom of Expression No. Morse v. Frederick (2007). Students could be suspended for unfurling banner held to advocate the use of illegal drugs Is this protected speech? Docsity.com Freedom of the Press • In general, same protections as speech with some permissible restrictions – national security • censorship permissible if protects national security Docsity.com Freedom of the Press • “fair trial” issues – protect witnesses – protect accused Docsity.com Freedom of the Press • Print vs Non-print media – Print has greater protection – Non-print, distinction between finite and non- finite transmission mode • Broadcast vs cable/satellite • More restriction on broadcast – Licensing and rules Docsity.com Freedom of the Press • Miller v California (1973) – Average Person finds it violates contemporary community standards – Work taken as a whole appeals to a prurient interest in sex – Work depicts patently offensive sexual conduct – Work lacks serious redeeming literary, artistic, political, or scientific merit Docsity.com Freedom to Assemble • Balance right to free association with right for public order • Permissible for localities to require permits in order to protest Docsity.com Second Amendment • One of the few remaining amendments in the Bill of Rights that has not been incorporated • In District of Columbia v. Heller (2008) court ruled for the first time that gun ownership is an individual rather than a collective right. Docsity.com Rights of the Accused • Pretrial Rights – 4th Amendment protections • no unreasonable search & seizure • police need warrant to search – 5th Amendment protections • no self-incrimination • grand jury indictment Docsity.com Rights of the Accused • Trial Rights – habeas corpus -- accused must be brought before judge and be publicly informed of charges (Art. 1, sec. 9, clause i) – right to counsel (6th Amendment) – right to confront witnesses (6th Amendment) Docsity.com Rights of the Accused • Trial Rights (continued) – due process provisions (6th Amendment) • speedy and public trial • jury of peers • presumption of innocence • trial conducted in jurisdiction where crime is alleged to have occured Docsity.com aevieyen ar consecrigme CORRESPONDENCE AEGULATIONS wate, Seu aon 90 gSblvnatl Seeds rose, kari comrvne yrs tweed estar = | meet A oor Hees: Seuss ween Shae ee tomes set = ee ea TT a namae we | tet em ae ee ar ot a eney Oren ny. te aman» cmp Ae Likes Pia Phe ks Pan Zap tia berth amend_mefes 7TAre se ___ Eh Reaper Will oT fama ~ attenuates Whe 2 Te 4a of Cape po jaye nat ene Sinai? aL Aochane sen Zona Pasa ee ale Lusin Fe fics Caer for a <ddesaielis J Fella elles 4 z : le Hs 90% Ros fates under bpsreal Cas 7asi\ue- a Slant Pa ade Lo domes haat S tt Ae tary rel here p . ad unless Acdvees : aa/-2 erates - Docsity.com Rights of the Accused – Mapp v. Ohio (1961) -- exclusionary rule; illegally obtained evidence is inadmissable at trial. "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Docsity.com Rights of the Accused • Exceptions to Exclusionary Rule – “Plain sight”: • evidence not on a warrant but in “plain sight” of the police is admissable in court – Alternative means: • If police can demonstrate they would inevitably have found the evidence legally anyway, even though it was illegally obtained originally, the evidence is admissable – “Good faith”: • if police believe they are conducting a “reasonable” search, and a subsequent court rules that the search was in fact unreasonable, the evidence is admissable Docsity.com Rights of the Accused • Exceptions: – War on Terror and enemy combatants – Bush Administration argues that terrorists taken into custody are outside both international law (Geneva Conventions regarding Prisoners of War) and US civil law Docsity.com Death Penalty • Death penalty and the 8th Amendent – “cruel and unusual” refers to punishment that is excessive (punishment did not fit the crime) and needlessly inflicts suffering on the convict – Furman v. Georgia (1972) • Death penalty unconstitutional because its use was random and arbitrary Docsity.com Death Penalty • Gregg v. Georgia (1976) – States adopt, and court approves a “two step” process for capital cases • Ring vs Arizona (2002) – Only juries, not judges, can impose the death penalty – Death Row statistics from the Bureau of Justice Statistics Docsity.com