Civil Liberties/ Civil RightsGroup Project

Tim Shin/Aydin Pasebani/Derek Tam/Travis Sidle/Nishaant Pandita/John Dullaghan

8th Amendment● Excessive bail shall not be

required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Background

● Made to fight against unfair british

courts

● Established rights of the accused

● 1689 English Bill of Rights

● Originated with the case of Titus

Oates

Recent Issues

● Death Penalty

● CIA Torture

Trop v. Dulles (1958)● Trop was court martialed for desertion● Found guilty, sentenced to hard labor● Later denied passport (Nationality Act 1940)● Filed lawsuit, went to supreme court● Supreme court 5-4 for Trop● Can’t revoke U.S. citizenship as punishment

Gregg v. Georgia (1976)● Gregg robbed and murdered 2 people● Jury found that Gregg was guilty● Death Sentence was imposed on Gregg● Appealed to the Supreme Court● Supreme court rules 7-2 against Gregg● Capital Punishment doesn’t violate 8th

Amendment.

Kennedy v. Louisiana (2008)● Kennedy found guilty of rape● Kennedy received death penalty● Appealed to the Supreme Court● 5-4 ruling against death penalty for rape● Only valid for murder and treason

9th Amendment

● The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Explanation

● Protects our unenumerated rights● People have right to privacy● Privacy isn’t enumerated but was recently

added to the UN’s Human Rights list

Importance

● Privacy is an unenumerated right and is one that is assumed

● Most Supreme Court privacy cases dealwith one’s rights within their home

● Usually involved with sex and sexuality

Recent Issues● NSA PRISM● Snowden Leaks

Griswold v. Connecticut (1962)● Griswold arrested for providing illegal

contraception● Fined $100 dollars, Griswold appealed ● Claimed the law is unconstitutional● Supreme Court ruled 7-2 for Griswold● Constitution doesn’t protect privacy outright

Roe v. Wade (1973)● Texas law prohibits abortions● Abortions allowed to protect mother’s health● Roe was denied abortion; challenged law ● Supreme Court ruled 7-2 for Roe● Law violated right to privacy● Abortion available before viability(24 weeks)

Bowers v. Hardwick (1986)● Hardwick criminally charged for homosexual sodomy● He challenged the Georgia Statute’s constitutionality● Claimed it violated his fundamental rights● “Private and intimate association”● Supreme Court ruled 6-3 outlawing sodomy● Precedent later overturned in Lawrence v. Texas (2003)