CH+5+Civil+Liberties+-+Definitions,+Text+Notes,+Class+Notes+&+Connecting+Theory+to+Reality

=Ch. 5 Civil Liberties- Definitions, Text Notes, Class Notes & Connecting Theory to Reality= = = =__Definitions (Write the definitions in your own words & try to insert or link a picture with each definition.)__=

PICTURE AND LINK WITH DEFINITION: [|www.answers.com/topic/invasion-of-**privacy**]
 * Right To Privacy -** Right to be free of unsanctioned intrusion; any basic right or freedom to which all human beings are entitled and in whose exercise a govt. may not interfere (including rights to life and liberty as well as freedom of thought and expression and equality before the law).

The courts can not assign the accused an excessive amount for bail. If they could, then a judge might look at someone and decide they look guilty and make the bail 10 million dollars. This amendment also prevents the govt. from punishing a criminal in some strange or unusual way. If someone is found guilty of stealing, the court can't just do something like cut off your leg or hand, or make you sing naked on television. That is just an example, but you know what I mean. PICTURE AND LINK WITH DEFINITION: [|www.lectlaw.com/def/e082.htm]
 * 8th Amendment -** Excessive bail shall not be required, nor excessive fines imposed.


 * Civil Liberties -** Individual freedoms that cannot be restricted by the government through laws or constitutional interpretations.


 * Prior Restraint -** Prevents the government from prohibiting speech or publication before the fact.


 * Miranda vs Arizona (1966)** - established that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. It furthered the 5th Amendment by providing the //Miranda Rights//.


 * Bill of Rights** - The First ten amendments that are found in the US Constitution that entitle pople to specific liberties and rights.


 * Substantive Due Process-** the way in which the judicial branch interprets the fourteenth and fifth amendments' due process clause. These due process laws protect the citizens from unjust law.


 * Due Process Clause-** Clause contained in the fifth and fourteenth amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.


 * Incorporation Doctrine**- an interpretation of the constitution that holds that the due process clause of the fourteenth amendment requires that state and local governments also guarantee those rights


 * First Amendment-** The first part of the bill of rights that guarantees freedom of speech, religion, press, assembly and petition


 * Free Exercise Clause-** That part of the first amendment in the bill of rights that says that the government cannot interfere with a person's right to practice whatever religion he/ she chooses to.


 * Selective incorporation**- a judicial doctrine whereby most but not all of the protections found in the bill of rights are made applicable to the states via the fourteenth amendment


 * fundamental freedoms**- those rights defined by the court to be essential to order, liberty, and justice.


 * establishment clause**- the first clause in the first amendment; it prohibits the national government from establishing a national religion.


 * Slander-** speaking false things about a person to deframe his/her character.


 * symbolic speech** - methods of expression, including symbols and signs, besides simply speech, that are protected under the first amendment


 * libel** - False statements intentionally made to defame one's reputation, which in general, is an illegal act.


 * [[image:http://t4.images.live.com/images/thumbnail.aspx?q=1134905667647&id=a99a7f3b9d04610d4e9b9d23f32765a2 width="98" height="55"]]Clear and present danger test** – Here is one time that the government can limit our first admendment rights to speech during war time. The test decides if the lanquage used can cause a dangerous situation with the country we may be at war with. This test is run so offending words may not make a bad situation even worse.


 * [[image:http://t3.images.live.com/images/thumbnail.aspx?q=1140450138098&id=cc38425cb3092c8c6d86bf9ddbf440f8 width="123" height="82"]]Direct incitement test** – After the government created the clear and present danger test they wondered what really defined a constituted danger. So, they created another test, which works together with the clear and present danger test which was the direct incitement test. Now the words or speech have to be an “imminent lawless action.”


 * Fighting Words:** Words of “profanity, obscenity, and threats” that “by their very utterance inflict injury or tend to incite an immediate breach of peace” that aren’t subject to restrictions of 1st Amendment.


 * Due process rights**: From the fourth, fifth, sixth, and eighth amendments to the Constitution there are guarantees for those accused of crimes.


 * Miranda Rights**- The rights that a suspect has, which is stated by the arresting official upon initial contact with the suspect while in custody. When stated, the Fifth Amendment's basic summary is outlined as it is in the U.S. Constitution.


 * Exclusionary Rule**- The rule as created by the Judiciary, which does not allow for the use of items seized through illegal means in a court setting. Basically, evidence seized by police with out a search warrant cannot be used in a court trial.


 * Roe v. Wade** (1973) Case in which the Supreme Court declared that the right to privacy protects a woman’s right to have an abortion.
 * Fifth Amendment:** sets a number of restrictions on the federal government with regards to those assumed to have committed a crime. A few of these restrictions/standards are protection against self-incrimination and doesn’t allow government to take property from someone without proper compensation.


 * 9th Amendment -** The enumeration in the Constitution of certain rights, shall not be constued to deny others retained by the people.


 * Civil Rights** - The rights of individuals, protected by the government, against arbitraty or discriminatory treatment.


 * 6th Amendment -** Part of the bill of rights that sets the same due process for federal courts to follow criminal law

//__Text Notes & Class Notes__//
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1. **The First Constitutional Amendments: The Bill of Rights-**
 * Anti-federalists wanted to stress the need for a bill of rights, even though the framers opposed it.
 * During its first session, Congress sent the first ten amendments to the Constitution, the Bill of Rights, to the states for ratification.
 * Originally written by George Mason as "Virginia Declaration Rights" which were then taken by James Madison and contributed to the constitution as the Bill of Rights


 * The warren court of the 1950s and 60s was very criticized because they made some alterations to the Bill of rights that dealt with giving more civil liberties to criminal defendants. This was through the 14th amendment
 * The liberties were made to help people who were wrongfully accused of their crimes, but many times these liberties have ended up helping those who are guilty.
 * Many believe that these liberties, such as search and seziure, are manipulated to help those guilty. This happens when the police make small errors in procedure, which can then be used against them in a criminal trial. This is considered by many, a huge flaw in our court system.
 * The Incorporation Doctrine: The Bill of Rights Made Applicable to the States**
 * The Bill of Rights was supposed to limit the powers of the federal government to infringe on the liberties and rights of the citizens.
 * In //Barron v. Baltimore// (1833), the Supreme Court ruled that the Bill of Rights limited only the federal government and not the state governments. However, when the 14th Amendment was added to the Constitution in 1868, it suggested the possibility that some of the protections guaranteed by the Bill of Rights might also be protected against infringement by the state governments as well.
 * __14th Amendment__: no state shall deprive any person of life, liberty, or property without due process of law.
 * __Substantive Due Process__: judicial interpretation of the 5th and 14th Amendments’ due process clause, it protects citizens from arbitrary or unjust laws.
 * The **Incorporation Doctrine** says that the due process clause in the 14th Amendment requires the state and local governments guarantee those rights.
 * The court uses __selective incorporation__: only some of the protections in the Bill of Rights are applicable to the states via the 14th Amendment.

-the Gideon Rights is what guarentees someone a lawyer -the excusionary rule: unwarrented evidence can't be used in a trial
 * Don't forget:**

2. **It's a good idea to know these court cases:** 3. A list of the first 6 amendments and the 8th (in layman's terms) 1 - freedom of speech, petition, religion, press, assembly 2 - right to bear arms 3 - protects against the quartering of troops in private homes 4 - protects against improper search and seizure 5 - protects against self incrimination, also known as the Miranda Rights: the police must tell those under arrest 6 - right to an attorney, jury trial, public trial, speedy trial 8 - protects against cruel or unusual punishment, no excessive bail
 * **Gideon vs. Wainwright (1963)**: 6th amendment, "even in prosecution for offenses less serious than felonies, a fair trial may require the presence of a lawyer."
 * **Mapp vs. Ohio (1961)**: exclusionary rule, "all evidence obtained by searches and seizures in violation of the Constitution, is inadmissible in a state court."
 * **Miranda vs. Arizona (1966)**: miranda rights, "prior to any questioning, the person must be warned that he has a right to remain silent, that any statements he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed."
 * **Roe vs. Wade (1973)**: right to privacy, The Supreme Court found that a woman's right to an abortion was protected under the right to privacy.
 * **Texas vs. Johnson (1989)**: 1st amendment/free speech, protects flag burnings etc.

The Amendments in the Bill of Rights are divided into personal freedoms and rights of the accused. 2nd Amendment: Right to Bear Arms 5th Amendment: Right to remain silent 6th Amendment: Right to a free public attorney (if you cant afford one) and jury trial 8th Amendment: Cruel and Unusual punishment cant happen
 * Personal Freedoms:** 1st Amendment: Freedom of Speech, Religion, Press, Assembly, and Petition
 * Rights of the Accused:** 4th Amendment: Unreasonable search and seizure cant be done

__Connecting Theory to Reality**__

The first Civil Rights Act was passed in 1866 by Congress over President Andrew Johnson's veto to guarantee egual rights under the Constitiution to African Americans. This act granted blacks full citizenship and overturned the Dred Scott decision. The campaign to give blacks full rights as citizens started after the civil war, but continues to this day. The acts established to give them these rights not only helped the black communities, but also established precedence for other minorities wishing to gain rights as citizens.

In recent news as civil liberty case has been heard where a boy wrote "Bong Hits 4 Jesus" and a school event. This case was shown to the Supreme Court to find out if writing "Bong Hits 4 Jesus" is an action of free speech or is just too unexpectable for school grounds. The Supreme Court ruled that this doesn’t apply to the Bill of Rights First Amendment, Freedom of Speech

One of the most famous examples of Due Process of Law is the Supreme Court's ruling in the case Gideon v. Wainright, where an innocent man (Gideon) was convicted of theft and incarcerated, due to his inability to properly present his own case, which he was required to do in lieu of a lawyer which were not provided by the state at that time. The Florida court's denial of Gideon was in violation of the Sixth Amendment. The Supreme Court's ruling on this case assured that all citizens have the right to a lawyer and if they cannot afford one, like Gideon, the government will provide one. This comes from the text: "the accused shall enjoy the right to a speedy and public trial, by an impartial jury...the Assistance of Counsel for his defence."

Miranda rights were established after the arrest of Ernesto Miranda in 1963 for kidnapping of a woman. While he was arrested, he made a confession without being informed that he had the right to remain silent or to seek counsel from an attorney when being questioned by police. As such, the police used that confession as evidence in his conviction and led him to prison. Miranda later went to the Supreme Court to overturn his conviction in the fact that his rights were not told to him. The Supreme Court overturned his conviction and Miranda was tried in a new trial, where he received a lighter sentence. This led to "Miranda Rights" in being established.