What do you think?
Bell Assignment
Out of all of the
rights provided
for us under the
Constitution,
The Bill of Rights
CIVIL LIBERTIES
Civil liberties
are the
personal rights and
freedoms that the
federal government
cannot abridge, either by
law, constitution, or
judicial interpretation.
These are
limitations on
the power of
government
to restrain
or dictate how
U.S. Constitution
- what the
government
can
do.
Today’s Issues…
What current
issues/events come to
mind when you think of
civil liberties?
Brainstorm at least
three.
Share one of these with
The Incorporation Doctrine
The Bill of Rights was designed to limit the powers of the national
government.
In 1868, the Fourteenth Amendment was added to the Constitution and
its language suggested that the protections of the Bill of Rights might also be extended to prevent state infringement of those rights.
The amendment begins: "No state shall....deprive any person, of life,
liberty, or property without due process of law."
The First Amendment
Congress shall make no
law respecting an establishment of
religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech, or of the press, or of the right of people to peaceably to assemble, and to
petition the government for a redress of
Good Morning!
Analyze the
cartoon on your
handout and
answer the
1
stAmendment: Freedom of
Religion
There has been a lot of controversy over the way the Courts have interpreted and applied these two
clauses.
The First Amendment states:
“Congress shall make no law…
1. respecting an establishment of
religion
,
The Free Exercise
Clause
"Congress shall make no
law...prohibiting the
free exercise thereof
(religion)" is designed to
prevent the government
from interfering with the
practice of religion.
This freedom is
The Free Exercise
Clause
Several religious practices have been ruled unconstitutional including:
snake handling
use of illegal drugs Polygamy
Key Cases:
▪ Reynolds v. United States (1979) – prohibited polygamy
▪ Wisconsin v. Yoder (1972) – schools could not require Amish children to attend school beyond 8th grade
▪ Employment Division of Oregon v. Smith (1990) - The Court ruled that Oregon could deny unemployment benefits to workers fired for using drugs (peyote) as part of a religious ceremony.
Nonetheless, the Court has made it
Drafting the First
Amendment
They asked, “Should we
establish
a religion or
not?”
Thomas Jefferson wrote
that there should be “a
wall of separation
between church and
state.”
No where in the
How high should the
wall be???
Separationists:
argue that a high “wall” should exist
between the church and state. showing
preference.
Accomodationists:
contend that the state should not be separate from religion but rather should accommodate it, without showing
What do you think???
Which viewpoint
do you support?
Why?
Share your view
School Prayer
• The Supreme Court has held fast to
the rule of strict separation between church and state when issues of
prayer in public school are involved.
• Key Cases:
• Engel v. Vitale (1962), the Court
ruled that even nondenominational prayer could not be required of
public school children.
• Wallace v. Jaffree (1985), the
Court struck down the moment of silence laws and other related laws stating they violated the
establishment clause.
• In Lee v. Weisman (1992), the
Court continued its unwillingness to allow prayer in public schools by finding the saying of prayer at a middle school graduation
Lemon v. Kurtzman
In 1971, the Court ruled that
New York state could not use state funds to pay parochial school teachers’ salaries.
To be Constitutional the
challenged law must
1. Must have a secular purpose 2. Can neither advance nor inhibit
religion
3. Cannot foster excessive
government entanglement with religion.
In 1980, this Lemon Test was
"See You at the Pole"
Student participation in
before - or after - school
events, such as "see you
at the pole," is
permissible.
Other issues that
have been debated:
Monument to the Ten
Commandments
outside of state
courthouses.
Chaplains in the
military and
The Big Question…
How much
separation
between church
and state did
You Decide…
Devout Christian Scientist parents refuse to bring their sick 5-year-old child to a medical clinic, even though the illness could be cured by proven treatment and
medication. The child dies and the couple is arrested and brought to trial on charges of murder. The prosecutor
tells you that the couple is guilty because they did not provide the child with proper treatment, even though they knew that the child’s illness could probably be
successfully treated. The parents are grief-stricken, but argue that as Christian Scientists they believe spiritual healing would restore their child’s health. They said it
was contrary to their religious beliefs to bring the child to a medical clinic, and that to find them guilty would be
denying them their right to freedom of religion under the First Amendment.
If you were a judge in this case, based on what you
have learned about First Amendment rights, what would you decide? Provide at least two strong
You Decide…
Your state has a law requiring public school students to stand and pledge allegiance to the flag at the beginning of each school day. When the children of a devout
Jehovah’s Witnesses family refuse to salute the flag, they are suspended from school. The parents of the
suspended children sue the school board. They argue that under their religion, saluting the flag, is idolatry and therefore a sin. They are not unpatriotic, but merely want an exception to be made for their children. The school
board says that the children should not be allowed back in school until they can salute the flag. The school board argues that saluting the flag merely shows loyalty to
America, and that it is required by state law; religious beliefs are not relevant.
If you were a judge in this case, based on what you
have learned about First Amendment rights, what would you decide? Provide at least two strong
You Decide…
An Amish man is fined for violating a state law that
requires his children to go to school beyond the eighth grade. As part of their religion, the Amish believe in separating themselves from the modern world.
Therefore, they do not want their children to receive more education than their simple lifestyle demands. The state argues that education is an important part of citizenship and that the children should not grow up “ignorant”.
If you were a judge in this case, based on what you
have learned about First Amendment rights, what would you decide? Provide at least two strong
You Decide…
An American Indian is arrested for using an illegal drug peyote in a religious ceremony. He is charged with
violating his state’s drug laws. The prosecutor claims that the people of the state do not want illegal and
dangerous drugs to be used there, and that’s why the laws were passed. The man who was arrested argues that peyote is and always has been a part of his religion and that convicting him would violate his freedom of
religion.
If you were a judge in this case, based on what you
have learned about First Amendment rights, what would you decide? Provide at least two strong
You Decide…
Your state has a law requiring public school students to stand and pledge allegiance to the flag at the beginning of each school day. When the children of a devout
Jehovah’s Witnesses family refuse to salute the flag, they are suspended from school. The parents of the
suspended children sue the school board. They argue that under their religion, saluting the flag, is idolatry and therefore a sin. They are not unpatriotic, but merely want an exception to be made for their children. The school
board says that the children should not be allowed back in school until they can salute the flag. The school board argues that saluting the flag merely shows loyalty to
America, and that it is required by state law; religious beliefs are not relevant.
If you were a judge in this case, based on what you
have learned about First Amendment rights, what would you decide? Provide at least two strong
Freedom of Speech
What is speech?
Speaking in public (rally,
meeting, fair)
Holding a sign?
Clothing?
Making a gesture?
Flag burning?
Cross burning?
Types of Speech
Pure Speech
Speech Plus
Limits to free speech?
Can the government
restrict any of the
following?
Obscenity
Defamation
Fighting Words
Hate Speech
Defamatory Speech
false speech that
endangers a person’s good name
Slander - spoken
falsehoods
Libel - written
falsehoods
Fighting Words - words
that provoke immediate violence
Obscenity
Obscenity is not protected Communities Decide:
Public standards vary from time to time, place to place and person to person.
Work that some call
“obscene” may be “art” to others. The ambiguity of definition still exists and is becoming even more
problematic with the Internet.
No nationwide
What Types of Speech are
Protected?
Symbolic speech--symbols, signs, and other methods of
expression. The Supreme Court has upheld as constitutional a number of actions including:
An example of protected symbolic
speech would be the right of high school students to wear armbands to protest the Vietnam War (Tinker v. De Moines Independent Community School District, 1969).
flying a communist red flag burning the American flag
More Key Free Speech
Cases
Schenck v. United States
(1919): Set
the “clear and present danger”
standard for limiting speech.
Brandenburg v. Ohio
(1969): The Court
Right to Petition the
Government
Martin Luther King
Jr’s March on
Washington
Million Man March
Multiple protests,
meetings, events in
Washington DC
Lobbyists
Freedom of Assembly
The Courts have generally ruled:
Groups may be required to apply
for a permit.
Certain public facilities may be
restricted from demonstrations (schools, airports, jails).
Restrictions on assembly must
apply to all groups equally.
Groups cannot use private property
to create buffer zones, ex. Zones around abortion clinics.
Police may disperse
Freedom of Press
Prior Restraint - The
government can’t censor information before it is printed.
Radio and Television
Subject to extensive
Regulation - F.C.C.
Protecting News Sources
Reporters aren’t protected Shield Laws
Motion Pictures (little
regulation)
Commercial Speech
No misleading information Can ban tobacco ads - some
THE SECOND
AMENDMENT
A well regulated
Militia, being
2
nd
Amendment Question
Does 2
ndAmendment
Protect…
Individual right
to bear
arms…?
State’s right to
Why Should You
Care?
There are one
million gun
incidents per
year in the
United States
(murders,
suicides,
assaults,
accidents and
robberies all
Key Questions
Does the easy
availability of
handguns promote
crime?
Do people have a
right to possess
firearms to defend
themselves and
their property?
Are guns part of
Supreme Court Case Law on
Second Amendment (for past
200 years)
US v Miller 1939
Question: Does the National
Firearms Act of 1934 violate Miller’s 2nd Amendment rights by banning
sawed off shotguns?
Question: Is the National Firearms
Act a violation of state’s rights with regard to regulation of a militia?
Decision:
A sawed off shotgun is not
essential to a well regulated militia.
The state militia is subordinate to
Most Recently…
District of Columbia v.
Heller
: Recently the
Supreme Court
overturned the
Washington DC’s ban
on handguns.
Interest Groups
The National Rifle
Association
Believe that having
firearms is a
Constitutional right and meet a vital defense
need for individuals.
The problem is not the
sale and ownership of weapons but with their use by criminals. “Guns don’t kill people, people kill people.”
Interest Groups –
Gun Control Advocates
The Coalition to
Stop Gun Violence
Brady Center to
Prevent Gun
Violence
Believe that
handguns
“serve no valid
purpose, except
to kill people.”
Support a ban
on the sale of
most handguns.
The Brady Center
The Brady Center to Prevent Gun Viol
Issues Under
Debate
Child safety locks
Regulation of gun dealers –
especially at gun shows
Should gun manufacturers be
Let’s Get Ready to
Rumble!!!
Two groups for greater gun
control.
Two groups against gun control.
Your Task…25 Points
In groups create an
argument for one side of
the gun control issue.
Your group needs to
create a slogan that
describes your viewpoint
on this issue.
Use the class handouts I
have provided for you to
strengthen your
arguments and provide a
factual basis.
Choose one person to
present your opening
comments.
Everyone in your group
must speak during the
debate.
Rules
If you can’t be
polite – you
can’t
participate!!!
Listen to the
moderator or
you can’t
participate!!!
Take turns
talking.
Be appropriate,
be appropriate,
be
Roles
Researcher –
writes the paper.
Debater – argues
debate
Debater – argues
debate
Damage Control:
Prepare for
rebuttal
Rights of the
Accused
Rights of Criminal Defendants
are the
due process rights and
the procedural
guarantees provided by the
Fourth, Fifth, Sixth, and
Fourth Amendment
The 4th Amendment’s general
purpose
is to deny the government
the authority to make general searches without a warrant.
Provides protection
against “unreasonable”
searches and seizures
Requires search
warrants-probable cause
Sworn oath
Naming what is to be
The general rule is:
Police have no general
right to search for
evidence or to seize
either evidence or
persons. Except in
particular
circumstances, they
must have a proper
Can the police search without
a warrant?
Yes! Under the following
circumstances:
Consent
Search pursuant to a lawful arrest
Exigent circumstances – emergency
situations accompanied by probable
cause.
Hot pursuit
Reasonable Expectation of Privacy?
From people/bugs listening
outside home? (1928)
In a public phone booth? (1967) From 1,000 feet above your
“farm” in an airplane looking at a double fenced in field? (1986)
From helicopter hovering at 400
feet looking in your “greenhouse” (1987)
Trash on the curb? (1988)
Luggage on a public bus? (2000) Against heat sensing flyovers?
(2001)
Overnight guests in another
person’s home? (1990)
Temporary guests in another
No warrants
necessary:
When evidence is in plain view.
When there is no
“reasonable expectation of privacy”
When evidence is
uncovered due to the putting out of a fire, but later searches wouldn’t be admissible.
Automobiles, boats and airplanes may be
searched where there is probable cause because they are considered
“movable scenes of crimes”.
What about the air
“Reasonable Searches and
Seizures”
1.
Sobriety Checkpoints
2.
Border Crossings
3.
Airport Searches
4.
Drug Testing
5.
Student Searches
The Exclusionary
Rule
Evidence gained as a result of an illegal act
by police cannot be used against the person
from whom it was seized.
Not admissible in court.
What do you think?
In Cleveland, Ohio, a police detective in plain clothes was assigned to patrol an area looking for shoplifters or pickpockets. One day he saw two men on a corner talking carefully in one store window. The second man did the same thing. Each man repeated this walk 5 or 6 times. A third man joined the two and spoke with them briefly.
The detective feared that the men wanted to rob a store and that they might have guns. Since they might have guns, the detective also had reason to fear for his own safety. He approached the men and asked their names. They mumbled something. The detective spun one man around and frisked him. He felt a gun in the left inside breast pocket of the overcoat. He
removed the overcoat and found the gun. The detective frisked the second man and found a gun in the outer pocket of his overcoat. No weapon was found on the third man.
All three men were taken to a police station. The two men who had the guns were arrested and formally charged with carrying concealed weapons
without a license, a violation of state law.
1. Were the three men properly stopped by the police
detective? Why or why not?
2. Do you believe that it was proper to frisk the men? Why or
What do you think?
A teacher in a New Jersey high school discovered two girls smoking in the school
lavatory. Smoking was against school rules. The teacher took the girls to the principal’s office. One girl admitted to the assistant vice principal that she had been smoking. The other girl, T.L.O., fourteen years old, denied it.
The assistant vice-principal demanded to see the purse of the fourteen-year-old.
He reached in and found a pack of cigarettes. He also saw a package of cigarette rolling papers which were known to be used in smoking marijuana. He searched the purse more thoroughly. He discovered marijuana, a pipe, empty plastic bags, and money. He also discovered an index card listing the names of people who owed money to T.L.O. Finally, he found two letters which indicated that T.L.O. was dealing marijuana. Charges of juvenile delinquency were brought against T.L.O. 1.Should a school official be able to search a student’s purse
whenever there is a reasonable suspicion (a lesser
standard than probable cause) that something illegal can be found?
2.Was the vice-principal justified in continuing to search the
What do you think?
An undercover narcotics officer went to an apartment and
arranged to purchase heroin. He left the apartment saying he had to get money. The undercover agent returned with nine other
plain-clothes officers. A man opened the door, then attempted to close it when he saw the group of men. The undercover officer
pushed past him and entered the bedroom. The undercover officer was shot and killed by another man in the bedroom. The man who shot him was, himself, seriously injured.
Over the next four days, the officers searched the apartment without a warrant. Some two hundred to three hundred items
were taken. The evidence seized included guns, ammunition, and narcotics.
1. As a judge, would you suppress the evidence seized? Why
or why not?
2. Is the fact that there was a murder a reason not to secure
What do you think?
Dr. Magno Ortega was a physician and psychiatrist at a state
hospital in northern California. He was dismissed from his job in 1981. Prior to his dismissal, hospital authorities investigated his management of the residency program of the hospital.
They also investigated charges that Dr. Ortega had sexually harassed two female hospital employees.
During the investigation, Dr. Ortega was required to take a
leave from his job at the hospital. While he was on leave, the hospital authorities entered his office and made a thorough search. Several items were taken from his desk and filing
cabinets – a Valentine’s Day card, a photograph, and a book of poetry. Those items were later used in a hearing on Dr.
Ortega’s conduct.
What do you think?
Police in Boston, Massachusetts, found the badly burned body of a
woman in a vacant lot. An autopsy revealed that she had died of several skull fractures caused by blows to the head.
The police, after some investigation, decided to question one of the
victim’s boyfriends. The boyfriend stated that he had not seen the victim since Tuesday and had been at a house where cards were played from 9 p.m. Friday to 5 a.m. Saturday (the body was
discovered Saturday). Further investigation revealed that the
boyfriend had borrowed a car on the night in question. He had left the house where cards were being played and was absent from 3 a.m. to 5 a.m.
The officers then visited the owner of the car that the boyfriend had
borrowed and asked to inspect the car. The owner consented. The officers found bloodstains and pieces of hair on the rear bumper and in the trunk. They also noticed strands of wire like those strands
Continued…
Based on the investigation, the police sought a warrant to
search the boyfriend’s home. The request for the warrant stated that the officers wanted to look for bloody clothing, a murder weapon, wire like that found on the body, and other things.
The judge issued a warrant but inadvertently used a form
that directed the police to search for drugs. The judge
failed to change the form properly. He signed the warrant for a drug search only. When the police executed the
search warrant, they seized evidence of a murder, including bloody clothing.
1. Would you suppress the evidence seized because
You decide…
The FBI intercepted a telephone
conversation by attaching a
listening device (wiretap) to the exterior of a public phone
booth. Information gained from the conversation was used to convict the defendant on illegal gambling charges.
Did the defendant have a reasonable expectation of privacy in his phone
conversation? Must the police obtain a search warrant before wiretapping a public phone
You decide…
Police lawfully arrest the
defendant in his home
when he returns after work. The police then conducted a warrantless search of the defendant’s entire house. Evidence was discovered that link the defendant to a series of burglaries.
May the police search a
defendant’s entire home when a valid arrest is
You decide…
An anonymous letter was sent to the
police stating that Lance and Sue Gates were selling narcotics out of their home. The letter stated that Susan would drive to Florida on May 3 to purchase drugs and that Lance would fly to meet her a few days later. They were to drive back together. The police investigated and discovered that Lance had made a plan reservation to Florida. He had also
booked a hotel room in Florida. Based on these facts a search warrant was
issued for the Gates’ home and car. The search uncovered weapons and
marijuana.
Did the facts above constitute probable
You decide…
A policeman stopped a
car for speeding. As he approached the car, he smelled marijuana. The officer then searched the car and discovered an envelope containing marijuana. He then
searched a jacket in the car. The officer unzipped a pocket in the jacket
and discovered cocaine. The defendant was
convicted of cocaine possession.
Did the officer have
Landmark Cases
Mapp v. Ohio (1961):
The Court ruled that
evidence obtained without a search warrant
was excluded from trial in state courts – this
allowed for the exclusionary rule to extend to
the states.
Terry v. Ohio (1968):
The Court ruled that
searches of criminal suspects are
constitutional and police may search
suspects for safety purposes. “Terry Pat”
New Jersey v. T.L.O. (1985):
Established the
Terrorism and Civil
Liberties
Key Provisions on the
Patriot Act
May tap any telephone used by a suspected terrorist after receiving court order.
May tap Internet connections with a court order
May seize voicemail messages with a court order
Investigators can share information learned in grand jury proceedings. Any noncitizen may be held as a
security risk for seven days, or longer if “certified” to be a security risk
The federal government may track
money across U.S. borders and among banks.
Military Court Provisions
In times of national emergency…
any noncitizen believed to be a terrorist or to have harbored a terrorist would be tried by a military court.
Military Court Provisions:
The accused are tried before a
commission of military officers
A 2/3 vote of the commission is
needed to find the accused guilty
An appeal by the accused may be
Debate
Some see it as a violation
of privacy, especially due to phone taps and
Internet connections
What if you are not a
terrorist and they are listening to you!
Does this violate a
person’s due process rights?
Research the Patriot Act
and be prepared to
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a 1)presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or
public danger; nor shall any person 2)be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be 3)compelled in any criminal case to be a witness against himself, nor 4)be deprived of life, liberty, or property, without due process of law; nor 5)shall
private property be taken for public use, without just compensation.
What do you know? T or
F
1.
You do not have to testify against yourself
in a criminal procedure.
2.
You cannot testify against yourself in a
criminal procedure.
3.
Once you are arrested, police can question
you before reading you’re your rights.
4.
Police can question you before your
attorney is present.
5.
Police can refuse to let you have an
What do you know? T or
F
6. You can refuse blood or urine tests under the Fifth
Amendment.
7. You must testify against your union if you are on the
witness stand in a trial involving the union in a criminal procedure.
8. You may use the Fifth Amendment in a civil procedure.
9. You confess to a crime and are found guilty. In prison, you
realize you should have used the Fifth Amendment. You can demand a retrial which will leave out your confession.
10.In order to put to death for murder, you must undergo a
psychiatric evaluation. Once declared sane, you can’t be executed. You decide to use the Fifth Amendment to
Fifth Amendment
Guarantees
Yes: Indictment by
Grand jury in
capital cases
No
double jeopardy
Self incrimination
Denial of due
process of law
Eminent domain
without
Fifth Amendment
Self Incrimination –
You can’t be forced to testify
against yourself.
▪ The 5th Amendment states that “No person
shall be …compelled in any criminal case to be a witness against himself.
The government bears the
burden of proof.
Protects citizens against
confessions by force.
Miranda v. Arizona (1966):
You be the Judge…
Admissible or Inadmissible
1. Mr. Brown admits to murdering someone. Police knew he was guilty and got him to confess by hanging him upside down from a tree.
2. A juvenile admits to a felony after being questioned by police from 12 midnight to five a.m.
3. Police read an accused woman her rights and give her milk, sandwiches, and cigarettes when she asks for them while questioning her. She confesses.
4. A suspect is on a respirator, too ill to talk, sedated but conscious. He is read his rights and questioned for
several hours. He admits his guilt by writing a confession.
Some Important Terms
Writ of Habeus Corpus: The
protection from unjust arrest and
imprisonments.
Ex Post Facto Laws: A law applied
Sixth Amendment
In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for
You have the right to…
Speedy trial
Public trial
Impartial jury in
community
Be informed of your
accusation
Face your accuser
Power to bring witnesses
Right to have counsel
Establishment of ‘right to
counsel’
Powell v Alabama (1932)
9 black men, accused of raping 2 white women on a train, given a one day
trial, all sentenced to death, met their lawyers after cases were heard.
In capital cases, states must provide counsel for your trial.
Johnson v Zerbst (1938)
At FEDERAL level, every person
charged with a felony is required to have a lawyer appointed to represent them.
Betts v Brady (1942)
At state level, in noncapital
cases the defendant is only entitled to a public defender if the defendant is mentally
handicapped.
Sixth Amendment
The 6th Amendment Guarantees a right to counsel.
In the past this meant that a defendant could hire and
attorney.
Since most criminals are poor they did not have counsel. In the case of Gideon v.
Wainwright (1963).
In Gideon, a poor man, was
accused of a crime and denied a lawyer.
8
th
Amendment
Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and
unusual punishment be inflicted.
I have the right not to…
be forced to pay excessive bail pay excessive fines
be punished cruelly/unusually
Bail
You do not have a right
to bail.
Excessive would be more
than an amount
necessary to ensure
accused presence at a
trial.
Can be denied bail by
Cruel and Unusual
Punishment?
What is
Cruel
and
Unusual
Colonial Punishments
Branding
Pierce tongue with
hot iron
Cut off ears
Whippings
Stocks (public
display) people
throw stuff at
offender
Wear letter “A” or
Crimes receiving Death
Penalty in American History
(last time used)
1.
Rape – 1964
2.
Kidnapping –
1960
3.
Assault – 1962
4.Espionage –
1953
5.
Arson – 1884
6.
Burglary – 1941
7.Horse Theft -
1851
8.
Forgery – 1840
9.Treason – 1862
10.Witchcraft -
A Moratorium was
established…
Furman v. Georgia (1972):
The Court ruled the death
penalty unconstitutional
under existing state law
because it was imposed
arbitrarily.
Other Key Cases…
Edmund v. Florida (1982): The death
penalty cannot be imposed on a defendant that did not kill, intend to kill, or know that a killing would take place. A person can however receive the death penalty if they were a major participant in a felony
resulting in death.
Ford v. Wainwright (1986): A person who
is mentally incompetent or insane at the time of his execution cannot be put to death because such an execution would violate the Eighth Amendment.
Atkins v. Virginia (2002): Ended the
execution of mentally retarded defendants.
Roper v. Simmons (2005): Ended juvenile
Death Penalty since
1976
3 People killed by Federal
Government
Timothy McVeigh is most
recent
1,026 people executed by
State Governments (38 of 50 have D.P.)
376 by Texas, 97 by Virginia,
22 by Arizona (13th Place) Over 600,000 Americans
have been murdered in same time period
Over 3,300 Americans on
Methods of Enforcement for
Death Penalty
Colonial:
Hanging (primary)
Gibbeting – caged and
put on beach at low
tide
Pressed – crushed
Burned – last used by
government in 1825 on
a runaway slave
Breaking on a wheel –
strapped to wheel and
limbs broken in gaps
Bludgeoned
Modern Death Penalty
Enforcement
Lethal Injection
Gas Chamber
Electrocution
Hanging
Lethal Injection
–
inmate is first injected
with an anesthetic to
put them asleep – the
next injection paralyzes
the entire body and
stops the breathing.
The final injection stops
the heart.
Medical ethics do not
Electrocution: 1890 – seen
as a more humane way of execution than hanging
Nebraska uses this method
Person is shaved and strapped
to a chair – a metal electrode is attached to the head over a sponge moistened with saline and conducive jelly – they are blindfolded and 500-2000 volts over thirty seconds is given
Between jolts the inmate’s
…the prisoner’s eyeballs
sometimes pop out and rest on his cheeks. The prisoner often defecates, urinates, and vomits blood. The body turns bright red as its temperature rises and their flesh swells and his skin stretches to the point of breaking. Sometimes the prisoner catches fire…
Witnesses hear a loud and sustained sound like bacon frying, and the sickly sweet smell of burning flesh
Gas Chamber – 1924 – five
states use lethal gas - condemned person is
strapped to a chair in an airtight chamber – the prisoner is instructed to
breathe deeply to speed up the process. The inmate does not lose consciousness
immediately. At first there is evidence of extreme horror, pain, and strangling. The eyes pop. The skin turns
Firing Squad – still used
in Utah and Idaho – last execution by this
method was 1996/
A black hood is placed
Hanging – Until the 1890s
this was the primary method of execution in the U.S. – Hanging is still used in Delaware and
Washington.
The inmate is weighed the
day before the execution to ensure the proper length of the rope and weight of the sand bag.
If this is not correctly
measured it can take the inmate as long as 45
“If the inmate has strong
muscles, is very light, if the “drop” is too short, or the noose has been wrongly positioned, the
fracture-dislocation is not rapid and death results from slow
asphyxiation. If this occurs the face becomes engorged, the tongue protrudes, the
Are Executions Ever
Botched?
May 4, 1990 Florida – Jesse
Tafero – During this execution
six-inch flames erupted from his
head and three jolts of power
were required to kill him. This
was due to human error as an
inappropriate synthetic sponge
was substituted for a natural
May 2, 2006. Ohio. Joseph L. Clark. Lethal Injection. It
took 22 minutes for the execution technicians to find a vein suitable for insertion of the catheter. But three or four minutes thereafter, as the vein collapsed and
Clark's arm began to swell, he raised his head off the
gurney and said five times, "It don’t work. It don’t work." The curtains surrounding the gurney were then closed while the technicians worked for 30 minutes to find
another vein. Media witnesses later reported that they heard "moaning, crying out and guttural noises."56
Finally, death was pronounced almost 90 minutes after the execution began. A spokeswoman for the Ohio
December 13, 2006. Florida. Angel Diaz. Lethal Injection.
After the first injection was administered, Mr. Diaz
continued to move, and was squinting and grimacing as he tried to mouth words. A second dose was then
administered, and 34 minutes passed before Mr. Diaz was declared dead. At first a spokesperson for the Florida
Department of Corrections claimed that this was because Mr. Diaz had some sort of liver disease. After performing an autopsy, the Medical Examiner, Dr. William Hamilton, stated that Mr. Diaz’s liver was undamaged, but that the needle had gone through Mr. Diaz’s vein and out the other side, so the deadly chemicals were injected into soft
tissue, rather than the vein. Two days after the execution, Governor Jeb Bush suspended all executions in the state and appointed a commission “to consider the humanity and constitutionality of lethal injections.”
Lethal Injection…SC Ruling
"[A]lternatives (to the current method
of lethal injection) must effectively address a 'substantial risk of serious harm.' To qualify, the alternative
procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. If a State refuses to adopt such an alternative in the face of these documented advantages, without a legitimate penological justification for adhering to its current method of
Is Lethal Injection Cruel and
Unusual?
I assumed that our decision would bring the
debate about lethal injection as a method of execution to a close. It now seems clear that it will not. The question whether a similar three-drug protocol may be used in other States remains open, and may well be answered differently in a future case on the basis of a more complete record. Instead of ending the controversy, I am now convinced that this case will generate debate not only about the constitutionality of the
three-drug protocol, and specifically about the justification for the use of the paralytic agent, pancuronium bromide, but also
about the justification for the death penalty itself.
Costs of Death
Penalty
In New York – the
estimated costs in
1995 was $23
million per person
sentenced to
death.
Death penalty
Time on Death Row…
Viva Leroy Nash, the oldest
person on death row in the
U.S., died of natural causes on death row in Arizona on
February 12, 2010. He was deaf, nearly blind, confined to a wheelchair and suffering from dementia and mental illness. He had been
imprisoned almost continually since he was 15. He was
Arizona Death Row
Inmates
http://www.azcorrections.gov/DeathR
Executed Inmates in
Arizona
http://www.azcorrections.gov/DeathR
TEXAS LAST MEAL ANTHONY FUENTES November 17, 2004
Last Meal: Fuentes had a final meal request of fried chicken with biscuits
Last Meal:
For his final meal, McWilliams
requested six fried chicken breasts with ketchup,
french fries, six layer
lasagna (ground chicken, beef, cheese, minced
tomatoes, noodles and sauteed onions), six egg rolls, shrimp fried rice and soy sauce, six chimichangas with melted cheese and
salsa, six slices of turkey with liver and gizzard
dressing, dirty rice,
cranberry sauce and six
Last Meal:
ten pieces of crispy fried
chicken (leg quarters), two double meat, double
cheese burgers with sliced onions, pickles, tomatoes, mayo, ketchup, salt,
pepper and lettuce, one small chef salad with
chopped ham and thousand island dressing, one large order of french fries cooked with onions, five big
buttermilk biscuits with butter, four jalapeno
peppers, two sprites, two cokes, one pint of rocky
Last Meal:
20 beef tacos, 20 beef
enchiladas, two double
cheeseburgers, a pizza with jalapenos, fried chicken,
spaghetti with salt, half of a chocolate cake and half of a
vanilla cake, cookies and cream ice cream, carmel pecan fudge ice cream, a small fruit cake, two Coca-Colas, two
The Right to
Privacy
The Supreme Court has
also given protection to
rights not specifically
enumerated.
The Court has ruled that
though privacy is not
specifically mentioned
in the Constitution, the
Framers expected some
areas to be off-limits to
government
Right to Privacy
Implied in
1,3,4,5,14
KEY EVENT:
Griswold v
Connecticut
(1965)
Background:
1879 Connecticut law: prohibited
the use of "any drug, medicinal article or instrument for the
purpose of preventing
conception."
Estelle Griswold opens a Planned
Parenthood clinic. Is arrested under this law, convicted in a trial, and fined $100.
KEY EVENT:
Griswold v
Connecticut
(1965)
7-2 decision
Majority 4: Cite a penumbra
of rights suggested by 3rd,4th,
and 5th Amends.
Concurring 3: 9th Amendment
includes possibility that right to privacy in bedroom is a Constitutional right.
Dissent 2: Allow state
legislatures to make laws
The Right to Privacy -
Abortion
In Roe v. Wade (1973) The Supreme Court ruled that a Texas law
prohibiting abortion violated a woman's constitutional right to privacy.
Since Roe, a number of other cases on abortion have been decided, in
general they have limited abortion rights in some way.
Webster v. Reproductive Health
Services (1989) - upheld fetal viability
tests
Planned Parenthood of Southeastern
Pennsylvania v. Casey (1992) -
Pennsylvania was allowed to limit
abortions as long as they did not pose 'an undue burden' on pregnant
The Right to Privacy: The Right to Die
In 1990, the Court heard the
case Cruzan by Cruzan v.
Director, Missouri Department
of Health.
In a 5-4 ruling, the Court
rejected a right to privacy in such cases but argued that living wills, written when competent, were
constitutional.
In 1997, the Court ruled that
there was no constitutional right to assisted suicide.
This is an issue that has been