Civil Rights & Liberties Notes(Unit 2)

Age of Majority

Va-18

Rights

access to freedoms/civil liberties

Liberties

freedoms found in law

Justification of Rights

Cannot be taken away except forfeited:
*Felony
*Giving up citizenship

What can you not do under 18

Vote, Register for the Military, Get married, Purchase certain items(Tobacco), Hold certain jobs->mechanic, roofer, heavy equipment operator, dig a hole unless it with a shovel or less than 4ft, etc

Privileges

can be taken away or refused

What does the Establishment Clause of the 1st Amendment state?

States cannot favor a religion

What does the Freedom of Exercise in the 1st Amendment allow?

Freedom of exercise unless it breaks laws (e.g., no human sacrifice)

What is an example of equal access to public buildings as per the 1st Amendment?

Example: OCHS facilities use (fee); Ten Commandments debate in OK

What was the key outcome of the Church of the Lukumi Babalu Aye v. Hialeah (1993) court case?

The verdict allowed animal sacrifice, ruling that a local ordinance is not a law

What is symbolic speech or 'speech plus'?

Non-verbal expression, such as burning a flag

What is financial speech?

Donating money to campaigns or causes as a form of expression

What is pure speech?

Verbal or written expression in both private and public settings

What is the Heckler's Veto?

When one person's speech is used to drown out another's

In the case of Terminello v. Chicago (1949), what condition must speech meet?

It must not incite violence

What was the outcome of the case Feiner v. New York (1951) in relation to free speech?

It upheld the principle that speech can be restricted if it may lead to violence

What are some limitations on free speech under the 1st Amendment?

Expressions that offend

Who regulates foul language during children's programs on terrestrial radio?

FCC

What type of radio signals are controlled by the FCC?

Terrestrial Radio (signals from Earth)

Which radio service is not regulated by the FCC?

Subscription Service (e.g., HBO, Netflix)

Defamation/Libel

cause harm with written or spoken words
*more difficult for public figures Ex) Bill Clinton can't sue Weekly World News

Sedition

Openly speaking to incite action to overthrow the government

Espionage

providing info to enemies

Treason

acting to overthrow the government

Clear and Present Danger

action would pose immediate danger to safety Ex) don't yell fire in a movie theater if there isn't one

Perjury

lying under oath

1st Amendment: Press

*Free from prior restraint: gov cant pre-censor material
*Protection of sources "Reporters privilege"

What does the 1st Amendment protect regarding assembly and association?

You can't be told who you can associate with (e.g., jail, ISS)

What are the limitations to the 1st Amendment regarding assembly and association?

Convicted felons may have limitations (known associates file)

What are some permit requirements related to assembly and association under the 1st Amendment?

Permits may be required for certain gatherings

1st Amendment: Petition

ask government for correction of laws without fear of punishment

2nd Amendment: Right to Bear Arms

*Limitations by states
*concealed vs open->Va has both, need a permit for concealed
*felons
*certifications
*registrations
*background checks

"Castle" doctrine vs. "Duty to retreat"

* Home, business, or vehicle->varies from state to state

Where is open carry legal in Virginia?

Most places

What is required for concealed carry in Virginia?

A permit

Where is carry prohibited in Virginia?

Government buildings, national parks, schools/colleges, airports, prisons, restaurants serving alcohol, Dept of Game + Inland Fisheries

What does the 3rd Amendment address?

Quatering Troops

Has the 3rd Amendment ever been the focus of a Supreme Court case?

No, it has never been the focus of a Supreme Court case.

In which case was the 3rd Amendment indirectly mentioned?

Griswold v. Connecticut 1965

What concept was referenced in Griswold v. Connecticut regarding implied rights?

Penumbra

What significant event occurred in 1972 related to birth control after Griswold v. Connecticut?

Birth control was legalized

What is required for law enforcement officers (LEOs) to conduct a search or seizure?

LEOs must have probable cause, which is a reasonable belief that a crime has been committed.

What are some exceptions to the probable cause requirement?

Exceptions include hot pursuit, plain sight evidence, stop and frisk (Terry Stops), consent searches, and drug testing (random or process).

What is the Exclusionary Rule?

The Exclusionary Rule states that evidence taken unlawfully, without a warrant, cannot be used in trial. It applies to all states and the federal government.

Which court case established the Exclusionary Rule?

Mapp v. Ohio in 1961. In this case, the police had no warrant and found incriminating evidence.

What is the Exception to the Exclusionary Rule that allows evidence to be admissible?

Inevitable Discovery: the information would have been found through other means

Which court case established the Inevitable Discovery Exception to the Exclusionary Rule?

Nix v. Williams (1984): In this case, a girl went missing, the suspect was pulled over for a traffic violation, confessed to the police, and was found guilty.

What is the basis for searches in schools according to the 4th Amendment?

Reasonable Suspicion

Which court case established the guidelines for searches in schools under the 4th Amendment?

New Jersey v. T.L.O (1985)

What happened in the New Jersey v. T.L.O case?

T.L.O was accused of selling drugs, the search didn't find drugs on the outside of her clothing, but drugs were found in her bra

4th Amendment: School Searches

*Locker/bag searches(Admin, Police, not Teachers)->no warrant needed, K9(Drugs/Bombs), School Grounds including vehicles, Drug Tests, Strip Searches?->NOT allowed->EXCEPTION: PROBABLE CAUSE, taken to correctional facility
***now becomes law enforcement jurisdiction
**decided in Stafford United School District v. Redding 2009-> Qualified Immunity: government officials cant be legally responsible for violating Constitutional Rights IF the law was either not made or not clear at the time of incidents
*(Court Case)*Mchaney v. Williams: schools can ban people from public events 2023

4th Amendment: School Limitations

*Limitations
*School Policy->controls on explicit speech limitations on freedom of association, regulate in and outside the school, teachers: adult of location
*Outside of school->1st Amendment "How much free speech do you have"?
*(Court Case)*Mahanoy Area School District v. B.L: schools cant punish no threatening speech

What court case established the requirement for Miranda warnings at the time of arrest?

Miranda v. Arizona 1966

What does the 5th Amendment protect against in the criminal justice system?

Self-incrimination

In which court case was the right to a lawyer established for defendants in the 6th Amendment?

Gideon v. Wainwright

What did the 8th Amendment of the US Constitution prohibit in terms of bail?

Excessive bail

What did the 1984 Bail Reform Act allow for non-murderous accused individuals?

Release until trial with exceptions

In which court case was it established that the government can detain accused individuals with no bail if they are a threat to society?

US v. Salerno 1987

What does the 5th Amendment protect against in the Criminal Justice System?

Double jeopardy (can't be tried twice for the same crime) and protection against self-incrimination

What rights does the 6th Amendment guarantee in the Criminal Justice System?

Right to a speedy trial, right to confront accusers, right to a public trial, and right to have witnesses testify

In what cases does the 7th Amendment allow for trial by jury in the Criminal Justice System?

In all cases except small claims court cases involving $10,000 or less

What does the 8th Amendment regulate in the Criminal Justice System?

Cruel and unusual punishment, proportionality to the crime, and limitations on the death penalty to capital offenses. Death sentences are determined by a sentencing judge with a jury. Minors and mentally disabled individuals cannot be executed.

What standard must the prosecution meet in a criminal trial?

Beyond reasonable doubt

What determines the verdict in a criminal trial?

Jury

What is the process of selecting jurors for a trial?

Summons letter, jury pool, voir dire to select/reject potential jurors

What are the consequences for potential jurors who are not selected for a trial?

They go back into the jury pool (six months for federal cases, 3 months for others)

What is the compensation for jurors in federal cases?

$40 a day

What obligation does an employer have towards an employee serving jury duty?

The job doesn't have to pay the employee during jury duty but must give them time off

Civil Rights

*implied rights(9th)->rights that aren't listed
*10-all rights not listed are reserved for the states

Responsibilities of a citizen related to selective service

Being available for the draft if required

Penalties for not fulfilling citizen responsibilities

Facing a $250k fine and up to 5 years in prison

Citizen's responsibility related to voting

Being registered to vote in elections

Citizen's responsibility related to taxes

Paying a financial charge imposed by the government

What is the first 'R' of Taxes?

Revenue: money to spend on social service

What is the second 'R' of Taxes?

Redistribution: Transferring wealth from the rich and poor

What is the third 'R' of Taxes?

Repricing: Taxes are levied to address externalities (e.g., Tobacco)

What is the fourth 'R' of Taxes?

Representation: Citizens demanding accountability

What are the two categories of taxes based on how they are collected?

Direct and Indirect

What is a progressive tax?

The more you earn, the more you pay

What is a regressive tax?

A tax imposed indirectly on lower income earners, e.g., tobacco and alcohol

What is a proportional tax based on?

Tax brackets for income ranges

What is a flat tax?

A tax where the rate is the same regardless of income level

What is Sales Tax?

Tax added on merchandise

What are Tolls?

Fixed charge or tax for a privilege

What is Property Tax based on?

Value of the property

What is Income Tax based on?

Earnings in one calendar year

Where do taxes go?

IRS, State and Local

When are taxes paid/recorded?

April 15th

What happens is taxes aren't paid/recorded?

jail fines, repo property

When was the IRS formed?

1862 to pay for civil war, ended after war, started up again with the 26th Amendment, money into general account, money is appointed by Congress, House Appropriations Committee=control spending