Civil Liberities
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What are Civil Liberties?
-Individual rights that all citizen and residents have that protect them form the power of the government
How are Civil Liberties and Civil Rights different?
-Civil Rights is a groups treated equally under the law and civil liberities is directed toward the individual
Where are the Civil Liberties of the people written?
-Bill of Rights
What amendments in the Bill of Rights compromise civil liberties?
-1st, 4th, 5th, 6th, 8th, & 14th
What do each civil liberties amendment establish ?
• 1st: Creation of separation of church and state & freedoms of speech, religion, assembly, and press • 4th: Prohibits unreasonable searches and seizures • 5th: Due process of law before the government can take away life, liberty, and property • 6th: Right of a speedy trail by peers • 8th: Right to be free of unusual punishments and excessive bails • 14th: Repeats the due process of law rights
What are Expos Facto’s Laws?
-Prevents the government from having retro-active laws or laws that are written after the fact
What is the purpose of Habeas Corpus Law?
-So citizens know what laws they are accused of having been broken in order for the person to defend themselves
What is due process?
• Is the government legal steps have to take before having an individuals rights of “life, liberty, and property “ deprived • Confront accused, jury, and prevent self-incrimination
What are the purposes of the 5th and 6th amendment?
• To prevent Expos Facto law - Habeaus laws required
Why are not all the Bill of Rights in the Civil Liberties?
• Some of the amendments are not relevant in todays society - For example the 2nd Amendment with “Right to Bear Arms” since there is police force and not living an agrarian society
What is Habeas Corpus?
-Individuals cannot have unlawful detention
What is the purpose of separation of Church and State?
-So government cannot favor a specific religion
What is the exclusionary rule?
• Evidence gained from from an unreasonable search and seizure violates the 4th amendment • Mapp vs. Ohio was the supreme court case
What was ruled in Mapp vs. Ohio?
-Evidence gained from a unreasonable search and seizure can not used in prosecution in a court of law
What court case is ruled from the 4th amendment?
-Mapp vs. Ohio
What court case is ruled from the 5th amendment?
-Miranda vs. Az.
What was the ruling of Miranda vs. Az?
• Ruled that police officers have the right to inform citizens on rights • protects against self incrimination, with the right to remain silent
What is eminent domain?
-Legal doctrine of government taking private property for public use
How is eminent domain part of the 4th and 5th amendment?
-Part of 4th because eminent