3.8 vid 1

Overview of Civil Liberties in US Government

• Focus on amendments and rights of the accused

• Role of the Fourteenth Amendment in protecting civil liberties against state infringement

The Fourteenth Amendment and Civil Liberties

• Process Clause: Used in Supreme Court cases to address violations of civil rights by states

• Importance in limiting state power over individual rights

The Fifth Amendment Rights

• Guarantees several key protections:

  • Grand Jury Indictment: A defendant must be indicted by a grand jury before facing trial.

  • Due Process: Procedural safeguards must be followed before depriving individuals of life, liberty, or property.

  • Substantive Due Process: Laws must be fair, clear, and not arbitrary.

  • Double Jeopardy: Individuals cannot be tried twice for the same offense after an acquittal or conviction.

  • Protection Against Self-Incrimination: The right to remain silent to avoid self-incrimination.

Selective Incorporation

• Concept that the Fourteenth Amendment applies certain federal rights to the states.

• Ensures that states cannot violate individual rights protected by the Constitution.

The Sixth Amendment Rights

• Provides crucial rights to accused individuals:

  • Right to Counsel: A defendant is entitled to representation by an attorney.

  • Public and Speedy Trial: Ensures trial is conducted without unnecessary delays to maintain fairness.

  • Right to Confront Accusers: The accused has the right to face and cross-examine witnesses.

  • Impartial Jury: Jurors must be unbiased and fair.

Landmark Supreme Court Cases

Gideon v. Wainwright

• Case focused on the right to counsel (Sixth Amendment).

• Clarence Gideon was denied a public defender due to state law but argued that this violated his rights.

• Supreme Court ruled that states are obligated to provide counsel to ensure fair trials, extending this to misdemeanor cases as well.

Miranda v. Arizona

• Addresses the rights of individuals in police custody regarding self-incrimination.

• Ernesto Miranda confessed to charges without being informed of his rights.

• Supreme Court ruled that individuals must be informed of their rights (Miranda Rights) upon arrest.

Riley v. California

• Examined the Fourth Amendment and the search and seizure of cell phones.

• Police conducted a search of a cell phone without a warrant, claiming it was an incident of arrest.

• Supreme Court ruled that cell phones contain significant private information, requiring law enforcement to obtain warrants for searches.

Conclusion

• The Supreme Court employs the Due Process Clause of the Fourteenth Amendment to safeguard civil liberties.

• Important rulings in the Fifth, Sixth, and Fourth Amendments highlight the evolution of rights for the accused against government overreach.