Chapter 20

Civil Liberties:Protecting

Individual Rights

“Must a government, if necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?”

- Abraham Lincoln

Types of mistakes a system of justice can make:

• the rights of a few people can be abused when trying to catch and punish criminals

• a few guilty people may avoid punishment when trying to protect the rights of the innocent

Due Process

• the basic fairness towards the accused must be followed at every step of the legal system

Warrant

a court permit authorizing police action to:

• make an arrest• search and seize evidence

wherever a suspect has a reasonable expectation of privacy

There are at least four circumstances/exceptions when a search warrant is unnecessary.

Circumstance #1

• when a crime is committed in the presence of an officer

Circumstance #2

• if the police have good reason to believe that a major crime was committed and it can be shown that time and circumstances did not permit securing a warrant

• aka as probable cause

Circumstance #3

• if the police have made a lawful arrest and the search of a person is necessary to prevent the destruction of evidence

Circumstance #4

• when the suspect has no expectation of privacy

Exclusionary Rule

• evidence obtained in an illegal search is inadmissable in a criminal trial

• is intended to balance the need for protection against crime with the rights of the accused

Watch out, Parkin!Hit button

Miranda warnings

the reading of one’s constitutional rights; includes the right to:

• remain silent

• an attorney

Grand Jury• a body of citizens, usually

numbering 16 to 23 people• examine evidence against a

person accused of a serious crime to see if enough information exists to hold a criminal trial

• does not determine guilt or innocence

Indictment

• a formal charge of a crime against an accused person

• handed-down by a grand jury if there is sufficient evidence meriting a formal trial

Bail• the amount of money or

property a defendant gives to the court as a guarantee that he or she will show up for the trial

• amount determined by:-seriousness of crime-ability to post bond-past criminal record

Guidelines for deciding how fast “speedy” is:

1. Length of time between indictment and trial.

2. The reason for delay.

3. Whether or not the defense requested a speedy trial.

4. The effect of the delay on the defense’s case.

Trial by jury• guaranteed by the Sixth

Amendment

• jury should consist of twelve people

• presided over by a judge

• verdict must be unanimous

Verdict

• the decision of a jury in a trial

• can result in a:-conviction

-acquittal

Subpoena

• the power of the court to force a witness to appear and testify at a trial

Self-incrimination

• when a defendant witnesses against themselves

• forbidden by Amendment 5

Immunity

• laws which force a witness to answer all questions by promising the witness they will be free from prosecution

Double Jeopardy

• after an acquittal or a conviction, a person may not be tried again for the same crime

Principles of Constitutional Punishment

Punishments must be:1. be consistent with human

dignity2. be fairly applied;3. be acceptable to society; and4. cannot be excessive.