Chapter 4Chapter 4The Supreme Court and the The Supreme Court and the

ConstitutionConstitution

Section 3Section 3

Rights of the AccusedRights of the Accused

Presumption of InnocencePresumption of Innocence

Why is this the way we approach an Why is this the way we approach an accused individual?accused individual?

1. The accuser/government has all 1. The accuser/government has all the advantagesthe advantages

2. Burden of Proof2. Burden of Proof This is the government’s jobThis is the government’s job Reasonable DoubtReasonable Doubt

Presumption of InnocencePresumption of Innocence

What is a negative/problem with What is a negative/problem with presumption of innocence?presumption of innocence?

1. Guilty people go free1. Guilty people go free 2. Guilty people may plea bargain2. Guilty people may plea bargain

Plead guilty to a lesser chargePlead guilty to a lesser charge

Due ProcessDue Process

1414thth Amendment – allowed due process Amendment – allowed due process for all people – federal law and state for all people – federal law and state lawlaw

2 Types2 Types Procedural – government follows the rules Procedural – government follows the rules

by which it has agreed to treat the accusedby which it has agreed to treat the accused Substantive – the laws themselves are fair Substantive – the laws themselves are fair

and constitutionaland constitutional

Due Process cont.Due Process cont.

Probable CauseProbable Cause A valid reasonA valid reason

MirandaMiranda Remain silent and have an attorneyRemain silent and have an attorney

Grand JuryGrand Jury Is there enough evidence?Is there enough evidence?

Informed of the charge Informed of the charge Speedy and public trial by jurySpeedy and public trial by jury

Due Process cont.Due Process cont.

Prosecution must prove to a jury that the Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubtaccused is guilty beyond a reasonable doubt

Accused does not have to answer questionsAccused does not have to answer questions Accused can question the accusersAccused can question the accusers Accused can have testimony on their behalfAccused can have testimony on their behalf Double JeopardyDouble Jeopardy AppealAppeal

Supreme Court DecisionsSupreme Court Decisions

Expanded Rights of the AccusedExpanded Rights of the Accused Mapp v. OhioMapp v. Ohio

Evidence gotten illegally can not be Evidence gotten illegally can not be used against an accused personused against an accused person

Gideon v. WainwrightGideon v. Wainwright Florida man put in jail after he had to Florida man put in jail after he had to

defend himself in courtdefend himself in court If you can’t afford an attorney?If you can’t afford an attorney?

Supreme Court Decisions cont.Supreme Court Decisions cont.

Miranda v. ArizonaMiranda v. Arizona Informed of your rights upon arrestInformed of your rights upon arrest

Should lawbreakers have this many Should lawbreakers have this many rights?rights?

oror Should society’s right to protection Should society’s right to protection

from these criminals be of greater from these criminals be of greater importance?importance?

Section 4Section 4Civil RightsCivil Rights

Constitutional TermsConstitutional Terms Civil RightsCivil Rights Constitutional rights guaranteed to all citizensConstitutional rights guaranteed to all citizens DiscriminationDiscrimination Policy or attitude that denies equal rights and Policy or attitude that denies equal rights and

treatment to a certain group of peopletreatment to a certain group of people SegregateSegregate To separate people based on race, ethnic To separate people based on race, ethnic

background or classbackground or class Jim Crow LawsJim Crow Laws Legislation trying to segregate people based on Legislation trying to segregate people based on

racerace

Dred Scott v. SandfordDred Scott v. Sandford

Dred ScotDred Scot Black slaveBlack slave Lived with his master in Missouri (a slave Lived with his master in Missouri (a slave

state)state) They lived in a free state (Illinois) and a They lived in a free state (Illinois) and a

free territory (Minnesota)free territory (Minnesota) On return to Missouri Dred Scot sued for On return to Missouri Dred Scot sued for

his freedomhis freedom Supreme Court ruled that he was property Supreme Court ruled that he was property

and could not sue for his freedomand could not sue for his freedom

Plessy v. FergusonPlessy v. Ferguson

Late 1800’s people in the north and Late 1800’s people in the north and south denied civil rights to black south denied civil rights to black AmericansAmericans

The south used Jim Crow Laws – The south used Jim Crow Laws – legislation to segregatelegislation to segregate

““Separate but Equal” facilities was Separate but Equal” facilities was not a denial of civil rightsnot a denial of civil rights

Homer Plessy – What happened?Homer Plessy – What happened?

Brown v. Board of Education of Brown v. Board of Education of TopekaTopeka

8 year old Linda Brown sued the Topeka 8 year old Linda Brown sued the Topeka Board of EducationBoard of Education

She had to travel to an all black school She had to travel to an all black school when a “white” school was close to her when a “white” school was close to her homehome

The Court reversed it’s ruling in The Court reversed it’s ruling in Plessy v. Plessy v. Ferguson Ferguson

The court said that “separate educational The court said that “separate educational facilities are inherently unequal”facilities are inherently unequal”

separate but equal “has no place in public separate but equal “has no place in public education”education”

Brown v. Board of Education cont.Brown v. Board of Education cont.

The Court ordered states to integrate The Court ordered states to integrate their schools “with all deliberate their schools “with all deliberate speed.”speed.”

This case was the beginning of the This case was the beginning of the modern day civil right’s movement modern day civil right’s movement (1954)(1954)

Other Minorities & Civil RightsOther Minorities & Civil Rights

Other Americans - Chinese, Japanese, Other Americans - Chinese, Japanese, Native, Latinos, Women, Jews Native, Latinos, Women, Jews

All of these groups have experienced All of these groups have experienced prejudice and discrimination throughout prejudice and discrimination throughout historyhistory

Some ExamplesSome Examples Korematsu v. United StatesKorematsu v. United States

Pearl Harbor attackPearl Harbor attack Relocation campsRelocation camps What did the Supreme Court rule?What did the Supreme Court rule?

Cleveland Board of Education v. Cleveland Board of Education v. LaFleurLaFleur

WomenWomen

Maternity leaveMaternity leave

Supreme Court ruled in favor of LaFleurSupreme Court ruled in favor of LaFleur Cleveland School Board rules regarding Cleveland School Board rules regarding

maternity leave were unconstitutional maternity leave were unconstitutional under the 14under the 14thth Amendment Amendment