CHAPTER 20

CIVIL RIGHTS

EQUAL JUSTICE UNDER THE LAW

 

GENERAL INFORMATION

 

-         THE CONSTITUTION GUARANTEES FAIR AND IMPARTIAL TREATMENT FOR ALL INDIVIDUALS UNDER THE LAW

 

-         THIS IS GUARANTEED BY THE DUE PROCESS CLAUSES OF THE 5^TH AND 14^TH AMENDMENTS (NATIONALIZED THE BILL OF RIGHTS)

 

o      SUBSTANTIVE DUE PROCESS

§       PROTECTS US FROM BAD LAW

 

o      PROCEDURAL DUE PROCESS

§       PROTECTS US FROM BAD LAW ENFORCEMENT

 

DUE PROCESS AND THE POLICE POWER

-         THE POLICE POWER IS A RESERVED POWER OF THE STATE

 

-         THE COURTS MUST STRIKE A BALANCE BETWEEN THE NEEDS OF SOCIETY AND THE RIGHTS OF INDIVIDUALS

 

-         EXAMPLES OF VALID EXERCISE OF THE POLICE POWER

 

o      PROMOTE PUBLIC HEALTH

§       INOCULATIONS, DRUG AND ALCOHOL LEGISLATION

 

o      PROMOTE PUBLIC SAFETY

§       CONCEALED WEAPONS, TAILLIGHTS ON CARS

 

o      PROMOTE PUBLIC MORALITY

§       LAWS ON GAMBLING, OBSCENITY AND PROSTITUTION

 

o      PROMOTE THE GENERAL WELFARE

§       MINIMUM WAGE, AND HOUR RESTRICTIONS

 

THE RIGHT TO FREEDOM AND PRIVACY

 

-         INVOLUNTARY SERVITUDE (SLAVERY) BANNED BY THE 13^TH AMENDMENT

 

o      APPLIES NOT ONLY TO GOVERNMENT BUT ALSO INDIVIDUALS

 

o      DOES NOT APPLY TO INDENTURED SERVANTS

 

o      ANTI-PEONAGE LAWS – PROHIBITS COMPULSORY SERVICE TO SATISFY A DEBT

 

§       SELECTIVE SERVICE, JURY DUTY AND IMPRISONMENT DO NOT VIOLATE THESE LAWS

 

-         DISCRIMINATION LIKEWISE IS DISALLOWED

 

-         THE 4TH AMENDMENT GUARANTEES SECURITY OF PERSON

 

o      INITIALLY DESIGNED TO DENY WRITS OF ASSISTANCE

§       THESE AMOUNTED TO BLANKET SEARCHES

 

-         FOURTH AMENDMENT PROTECTIONS

 

o      NO UNREASONABLE SEARCHES

o      NO UNREASONABLE SEIZURES

o      NO WARRANTS ISSUED WITHOUT PROBABLE CAUSE

 

-         WHEN CAN POLICE CONDUCT A VALID SEARCH? (AND SEIZURE)

 

o      WITH A VALID WARRANT

 

§       A VALID WARRANT MUST STIPULATE

·       WHAT

·       WHERE

·       WHY

 

o      WITHOUT A WARRANT

 

§       INCIDENT TO ARREST

§       IN HOT PURSUIT

§       WITH PERMISSION

§       IF EVIDENCE IS IN PLAIN VIEW

§       IF EVIDENCE COULD POTENTIALLY BE REMOVED

§       IF PUBLIC SAFETY IS INVOLVED

 

o      EXCLUSIONARY RULE

§       ILLEGALLY SEIZED EVIDENCE CANNOT BE USED IN A CRIMINAL PROSECUTION

·       TAINTED EVIDENCE

 

§       EXCEPTIONS

·       INEVITABLE DISCOVERY

·       “GOOD FAITH SEARCH”

 

§       WIRETAPPING DEVICES CAN ONLY BE USED WITH A PROPER WARRANT

 

o      THE RIGHT TO PRIVACY INCLUDES CERTAIN PERSONAL ACTIVITIES ASSOCIATED WITH THE FAMILY

 

§       MARRIAGE AND PROCREATION

·       CONTRACEPTION AND ABORTION

 

§       HOMOSEXUAL RELATIONSHIPS ARE NOT PROTECTED

 

§       MOOT PRIVACY QUESTIONS

·       BLOOD AND URINE TESTS (FOR DRUGS)

·       LIE DETECTOR TESTS

·       ELECTRONIC SURVEILLANCE

 

§       EMPLOYER/EMPLOYEE RELATIONSHIPS

·       NEED FOR A CORPORATE BILL OF RIGHTS

 

 

§       STUDENTS AND SCHOOL

·       PROBABLE CAUSE IS NOT NEEDED TO SEARCH STUDENT’S LOCKERS AND PURSES

 

RIGHTS OF THE ACCUSED

 

-         CANNOT BE DENIED HABEAS CORPUS

 

o      EXCEPTIONS

§       DURING AN INVASION

§       DURING WAR

§       DURING A STATE OF REBELLION

 

-         CANNOT BE SUBJECT TO BILLS OF ATTAINDER OR EX POST FACTO LAWS

 

RIGHT ASSOCIATED WITH A FAIR TRIAL

 

-         RIGHT TO AN INDICTMENT

 

o      AN INDICTMENT IS A FORMAL ACCUSATION BY A GRAND JURY

§       NOT ALL STATES USE GRAND JURIES

§       INTENDED TO PROHIBIT DOUBLE JEOPARDY

 

-         RIGHT AGAINST DOUBLE JEOPARDY

 

o      DEF – BEING TRIED FOR THE SAME CRIME TWICE

 

§       A HUNG JURY DOES NOT DENY AN ACCUSED RIGHTS ASSOCIATED WITH DOUBLE JEOPARDY

 

§       AN APPEAL DOES NOT IMPLY DOUBLE JEOPARDY

 

§       CIVIL AND CRIMINAL PROCEDURES DO NOT AMOUNT TO DOUBLE JEOPARDY

o      THIS RIGHT IS INTENDED TO PRECLUDE GOVERNMENT HARASSMENT

 

 

-         RIGHT AGAINST SELF-INCRIMINATION

 

o      IN THE U.S. WE HAVE

§       ACCUSATORIAL LAW – def – INNOCENT UNTIL PROVEN GUILTY

§       NOT

§       INQUISITORIAL LAW – def - GUILTY UNTIL PROVEN INNOCENT

o      YOU CANNOT BE COMPELLED TO BE A WITNESS AGAINST YOURSELF

§       SILENCE DOES NOT IMPLY GUILT

§       IT IS THE DUTY OF THE STATE TO PROVE YOUR GUILT NOT AN ACCUSED’S DUTY TO PROVE THEIR INNOCENCE

o      THE MIRANDA WARNING MUST BE READ TO AN INDIVIDUAL AS SOON AS THEY BECOME SUSPECT

§       IT IS IMPERATIVE THAT THE ACCUSED FULLY UNDERSTANDS THE CONSEQUENCES OF WAIVING HIS/HER RIGHT TO REMAIN SILENT

·       ESPECIALLY IF THE ACCUSED IS MENTALLY INDIGENT

§       IF THE MIRANDA WARNING IS INADEQUATE, ANY EVIDENCE OBTAINED FROM QUESTIONING BECOMES TAINTED AND INADMISSIBLE

o      IF AN ACCUSED WAIVES THEIR RIGHT AGAINST SELF INCRIMINATION, THEY CAN BE CROSS EXAMINED

o      SPOUSES CANNOT TESTIFY AGAINST THEIR PARTNER IF SAID PARTNER HAS CLAIMED THEIR RIGHT AGAINST SELF-INCRIMINATION

§       EXCEPTIONS

·       DIVORCE PROCEEDINGS

·       DOMESTIC ABUSE CASES

 

-         RIGHT TO BE INFORMED OF THE ACCUSATION

o      ALLOWS THE ACCUSED TO BETTER PREPARE THEIR DEFENSE

-          

-         RIGHT TO CONFRONT WITNESSES

o      RIGHT TO CROSS-EXAMINE

o      DOES NOT GUARANTEE A FACE TO FACE CONFRONTATION

§       IN CHILD ABUSE CASES, CHILDREN ARE ALLOWED TO PROVIDE A DEPOSITION OR TESTIFY FROM AN ADJACENT ROOM

-          

-         RIGHT TO A SPEEDY TRIAL

 

o      INTENDED TO PROHIBIT THOSE ACCUSED FROM LANGUISHING IN JAIL

 

o      THE STATUTE OF LIMITATIONS FOR FEDERAL CASES IS 100 DAYS

 

§       THIS DOES NOT APPLY TO THE DEFENSE WHO CAN ASK FOR A CONTINUANCE – def – A DELAY IN STARTING A TRIAL

 

·       INTENDED TO ALLOW FOR AN ADEQUATE DEFENSE

 

o      RIGHT AGAINST A TOO SPEEDY TRIAL LIKEWISE EXISTS

§       INTENDED TO PROTECT VIGILANTEISM

 

-         RIGHT TO A PUBLIC TRIAL

 

o      INTENDED TO PROHIBIT A KANGAROO COURT

 

o      THIS GUARANTEES THAT COURT RECORDS BE OPENED TO PUBLIC SCRUTINY

 

o      A JUDGE CAN BAR ALL NON ESSENTIAL PERSONNEL FROM THE COURTROOM WITHOUT VIOLATING THIS RIGHT

 

o      THIS ALSO INCLUDES A TRIAL WHICH IS TOO PUBLIC

 

-         RIGHT TO A TRIAL IN THE STATE AND DISTRICT WHERE THE CRIME WAS COMMITTED

 

o      THE INTENT IS TO CONDUCT A TRIAL LOCALLY

 

o      CHANGE OF VENUE – def – A CHANGE IN A TRIAL SITE

§       CAN BE REQUESTED BY THE DEFENSE TO INSURE AN IMPARTIAL JURY

·       A JURY CAN LIKEWISE BE IMPORTED

 

-         RIGHT TO AN IMPARTIAL JURY

 

o      A PEER IS ANY REGISTERED VOTER

 

o      A JURY TRIAL IS GUARANTEED IN ALL CRIMINAL CASES

 

o      BOTH THE PROSECUTING AND DEFENSE ATTORNEYS IMPANEL A JURY

§       CHALLENGES

 

·       PRE-EMPTIVE – 3 EACH SIDE – NO REASON AT ALL

 

·       CAUSAL CHALLENGES

o      BIAS

o      PREJUDICE – PRE-JUDGING

o      RELATIONSHIP

o      VESTED INTEREST

§       IF A JUROR COULD BENEFIT OR SUFFER DETRIMENT AS A RESULT OF DECISION

 

-         RIGHT TO COUNCIL

 

o      IN ALL CRIMINAL PROCEEDINGS (MISDEMEANORS AS WELL AS FELONIES)

 

o      IF INDIGENT, COUNCIL WILL BE PROVIDED

§       FINANCIAL INDIGENCE

§       MENTAL INDIGENCE

 

o      THE PUBLIC DEFENDER IS COURT APPOINTED COUNCIL

 

-         RIGHT TO BE INFORMED OF THE ACCUSATION

 

-         RIGHT TO CONFRONT WITNESSES

o      RIGHT TO CROSS EXAMINE

 

-         RIGHT TO OBTAIN WITNESSES IN YOUR BEHALF

 

THE EIGHT AMENDMENT

 

-         NO EXCESSIVE BAIL

 

o      Def – MONEY PLEDGED AS SECURITY TO GUARANTEE REAPPEARANCE BEFORE THE COURT

 

o      BAIL IS JUSTIFIED BECAUSE OF ACCUSATORIAL LAW

 

o      CAN BAIL BE DENIED – YES

§       IF DEFENDANT WILL NOT REAPPEAR BEFORE THE COURT

§       IF DEFENDANT IS A THREAT TO THE COMMUNITY

§       IF THE COMMUNITY IS A THREAT TO THE INDIVIDUAL

 

o      WHAT AFFECTS THE DOLLAR AMOUNT OF BAIL?

§       NATURE OF THE CRIME

§       PAST RECORD

§       RESOURCES OF THE INDIVIDUAL

 

-         NO EXCESSIVE FINES

 

-         NO CRUEL OR UNUSUAL PUNISHMENTS

 

o      NO TORTURE OR BARBARISM

 

o      AT ONE TIME CAPITAL PUNISHMENT WAS CONSIDERED AS CRUEL AND UNUSUAL – NOT SO TODAY

§       ALLOWABLE IF PUNISHMENT CONFORMS TO FEDERAL GUIDELINES

§       PHASES OF A CAPITAL PROCEEDING

·       TRIAL

·       SENTENCING

·       APPEAL

 

o      CAPITAL PUNISHMENT FOR JUVENILES IS UNCONSTITUTIONAL UNLESS CASE IS TRANSFERRED TO CRIMINAL COURT

 

TREASON

 

-         ONLY CRIME DEFINED IN THE CONSTITUTION

 

o      LEVYING WAR AGAINST THE U.S,

o      GIVING AID AND COMFORT TO THE ENEMY

 

-         PUNISHABLE BY DEATH

 

-         JOHN BROWN ONLY INDIVIDUAL TO BE PROSECUTED FOR TREASON AGAINST A STATE