Chapter 20 More Civil Liberties

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Chapter 20 More Civil Liberties

• But first a situation

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Questions to answer

• Should a search of everyone occur? Explain.
• Who should conduct the search, if one does take
  place? Does it make a difference?
• Decide what you will do if a search of all is
  conducted.
• Is the Constitution involved here? Explain.

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Due Process

• Life, Liberty, and Property cannot be taken away
  with due process.-5th amendment
• Constitutional rights applied to states by the
  14th amendment

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Privacy

• Implied right in the constitution
• 14th amendment gives us the right to be free,
  except in very limited circumstances, from
  unwanted government intrusions into ones privacy
• Roe v Wade is a privacy case

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Bear Arms

• Added to allow each state to keep its militia and
  preserve the concept of the citizen-soldier.
• How guns are regulated is up to the states

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Search and Seizure

• Outlined in the 4th amendment
• Police must have a warrant and probable cause to
  conduct a search.
• Police need only probable cause to arrest someone

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Searching your car

• Police may search your car
• It is a moveable scene of crime and could
  disappear while a warrant is being sought
• They may search any part of your car or anything
  in your car. Wyoming v. Houghton 1999.

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5th Amendment

• Double Jeopardy - You cannot be tried twice for
  the same crime
• Hung juries are not included
• Cannot incriminate yourself

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6th Amendment

• Speedy and Public trial
• Decided on case by case basis
• Right to a trial by jury
• Right to an adequate defense

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8th Amendment

• No excessive bail
• You are not guaranteed bail
• No cruel and unusual punishment