Chapter 7 Presentation

Assuring Equal Justice for All

Mr. Callis

American Government

Protecting the Rights of the Accused

• Searches and Seizures
  • 4th Amendment -- protection from unreasonable searches and seizures
  • What is a reasonable search?
    • Police must have
      • 1. Probable Cause
      • 2. Search Warrant
        • Must describe the place to be searched specifically
        • Name the person or things to be seized
        • Must have to search a house unless in " Hot Pursuit"

The Exclusionary Rule

• Evidence that is obtained as a result of an illegal search can not be used in a court of law
  • Evidence can be used from a bad warrant as long as that warrant was obtained in good faith
  • Illegally obtained evidence can be used if it would have eventually been found by legal means anyway
  • Schools do not need a warrant or probable cause to search students or their property. Just need a good reason.

Wiretapping and Eavesdropping

• Wiretapping, Eavesdropping and other means of electronic surveillance is search and seizure.
  • Need Warrant ( even to spy on foreign governments )

Guarantee of Counsel

• 6th Amendment guarantees the defendant in a case to "have the assistance of counsel for his defense"
  • Originally only applied to Federal Government
  • Due Process Clause of 14th amendment made it apply to states as well
    • Established By the Case of Gideon v. Wainwright

Self-Incrimination

• 5th Amendment says no one "shall be compelled in any criminal case to be a witness against himself"
  • Implies that the government has the burden of proof; the accused does not have to prove his innocence.
    • Also covers people testifying in front of Congress and before Grand Juries
  • Miranda v. Arizona
    • Must be informed of your right to remain silent and your right to attorney or you statements are inadmissible in court.

Double Jeopardy

• 5th Amendment
  • Says no person shall be put "Twice in jeopardy of life and limb"
  • Means that you can not be tried twice for the same crime.
    • Hung juries, Appeals, and separate State and Federal laws do not count

Cruel and Unusual Punishment

• 8th Amendment right
  • Applied mostly in Capital Punishment Cases
  • Supreme Court has ruled that it is OK as long as adequate guidelines exist as to when it should be used
  • Placing two prisoners built in a cell for one is not cruel and unusual. ( Rhodes v. Chapman ) 1981

Equal Protection of the Law

• Under 14th amendment states can not
  • "deny to any person within its jurisdiction the equal protection of the law"
  • Means that the state and local governments can not draw UNREASONABLE distinctions between different groups of people
  • Can draw distinctions for a good reason
    • Rational Basis Test

Proving Intent to Discriminate

• Discrimination is illegal under the 14th amendment
  • What if some action or law discriminates without directly classifying people?
  • Need to prove intent to discriminate
    • Examples
      • Police Tests
      • Prohibiting Multi-family dwellings in an area
  • 14th amendment provides for equal laws, not equal results.

Jim Crow Laws

• Challenged by Plessy v. Furgeson
  • Established that Segregation was legal as long as the facilities provided were equal
• "Separate but equal doctrine" resulted

New Challenges for Civil Liberties: Affirmative Action

Employers and other institutions must take positive steps to remedy the effects of past discrimination against minorities and women.

• Results have been confusing because the Supreme Court has struck down as many cases as it has upheld.

Citizen's Right to Know

• Freedom of Information Act
  • 1966
    • Provide access to public records on request
    • Some exceptions for documents concerning National Security, etc.…
  • 1974
    • Amendment that made more information accessible

Right to Privacy

• Derived from the private property rights in the Bill of rights and the 14th Amendment
  • Have the right to personal privacy unless the state has a "compelling need" to protect society.
  • Family Educational Rights and Privacy Act (1974)
  • Parents of students, or students if they are 18 or older, may inspect their school record upon request.

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