Chapter 20: Civil Liberties: Protecting Individual Rights
20-1 Summary: Fill in the missing words
The 5th Amendment says that the government cannot deprive a person of “life, liberty, or property,
without ______________________.” The 14th Amendment extends this restriction to the States.
____________________ means the government must act fairly and in accord with establishes rules-it
must use fair procedures. Fair procedures, however, mean little if used to administer unfair laws.
________________________________ refers to the fair methods government must use;
______________________________ refers to the fair policies under which government must operate.
The States have the power to protect and promote the public health, safety, morals, and general wellbeing of all the people. This power is called the _______________________, and the States may not use
it in violation of due process. When its use conflicts with civil rights protections, the courts must
balance the needs of society against individual rights. In a key case of this type, the Supreme Court
supported a police officer who ordered a blood test for a suspected drunk driver even though the officer
had no __________________, or court order authorizing a search. The constitutional guarantees of due
process create “the right to be free…from unwarranted governmental intrusions into one’s privacy.”
The most controversial applications of this right come in abortion cases.
The 5th and 14th amendments ensure that government cannot deprive any person of “life, liberty, or
property, without due process of law.” FROM THE ABOVE READING, FILL IN THE DUE PROCESS OF
LAW.
The 5th Amendment:
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
Guarantee
The 14th Amendment:
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
Procedural:
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
Due
Process
Is of two types
Substantive:
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
Chapter 20: Civil Liberties: Protecting Individual Rights
Use the chart below to organize information about the legitimate uses of the state’s police power
Uses of the Police Power
States’ Duty to Protect:
Examples
Health
Seat-belt laws, drunk driving laws, laws against
concealed weapons
Morals
Compulsory education laws, regulation of public
utilities, assist medically needy
Chapter 20: Civil Liberties: Protecting Individual Rights
20-2 Summary: Fill in the missing words
The 13th Amendment was added to the Constitution in 1865 to end slavery and
__________________________, or forced labor. It covers the conduct of individuals as well as
government. The Supreme Court has ruled that the 13th Amendment authorizes Congress to attack
racial ________________, that is, bias or unfairness. The 2nd Amendment protects the right of each
state to keep a militia. It does not guarantee the right of individuals to keep and bear arms. The
Supreme Court has never found that tight to be within the 14th Amendment’s Due Process Clause. Each
State can therefore create its own limits on the right to keep and bear arms-and all of the States do, in
various ways.
The 3rd and 4th amendments guarantee that government cannot disturb people or their homes without
good reason. The 3rd Amendment forbids the unlawful quartering of soldiers in private homes-a British
practice in colonial days. The 4th Amendment also grew out of colonial practice. It requires that, to
search for or seize evidence or persons, police officers have a proper warrant obtained with
_____________________- a reasonable suspicion of crime. It was designed to protect against the
colonial use of ____________________-blanket search warrants that allowed British officers to search
private homes. The _________________________ says that evidence gained by illegal police action,
such as searching without a warrant, cannot be used against the person from whom it was seized.
Chapter 20: Civil Liberties: Protecting Individual Rights
The security amendments are intended to protect the right of every American to live in freedom.
COMPLETE THE CHART BELOW BY FILLING IN THE SECURITY AMENDMENTS.
Amendment
2
ND
Provisions
Examples
Amendment
3rd Amendment
4th Amendment
13th Amendment
Not Applicable
Chapter 20: Civil Liberties: Protecting Individual Rights
20-3 Summary: Fill in the missing words
The Constitution offers several guarantees for person accused of crimes. For one, it grants the right to
seek a ______________________________- a court order commanding an officer imprisoning someone
to explain why the prisoner should not be released. It also prohibits the passage of a
_____________________, which punishes a person without a trial. Also Congress and the States may
not pass an ________________________, which makes an act a crime and then punishes someone for
committing the act before the law’s passage.
A ____________________ decides if someone can be accused of a serious crime. The prosecutor
presents the grand jury with an __________________, or a formal complaint against the accused. The
grand jury decides whether there is enough evidence for a trial; if not, the charges are dropped. In most
States today a prosecutor brings charges in an information-a document in which he or she swears there
is enough evidence for a trial. An accused person may not be exposed to
__________________________, that is, be tried for the same crime more than once. The person has
the right to a speedy and public trial by jury with the assistance of counsel (a lawyer). If a defendant
waives this right, a ____________________________ is held, meaning a judge alone hears the case. The
5th Amendment protects a person from self-incrimination, or being a witness against himself or herself.
The _____________________________ requires police to read a list of rights to a person they arrest
and make sure the person understands these rights.
Chapter 20: Civil Liberties: Protecting Individual Rights
The Constitution ensures that a person accused of a crime is presumed innocent until proven guilty.
FROM THE ABOVE READING, LIST THE CONSTITUTIONAL PROTECTIONS FOR PERSONS ACCUSED OF
CRIMES.
Writ of habeas corpus
if illegally detained
Arrest on warrant or probable cause
No Bill of attainder
No ex post facto law
In formed of: ___________________
Grand jury or prosecutor:
_______________________________
Informed of charge by:
__________________________________ or
___________________________________
Speedy and public trial by
________________________ jury
No self-incrimination
Verdict of Jury
Assistance of counsel
No double jeopardy
Chapter 20: Civil Liberties: Protecting Individual Rights
Fill in the blanks to organize information about the legal terms introduced in this section.
Legal Term
Definition
Purpose
Writ of habeas corpus
Bill of attainder
Criminal law that applies to an
act committed before its
passage
Indictment
Prevents overzealous prosecutors
from recklessly charging people
with crimes
Formal accusation brought by a
Allows grand jury to act when a
grand jury on its own motion
prosecutor has some interest in
not prosecuting
Double jeopardy
Bench trial
The defendant always has the
right to a jury trial, but that may
be waived if the defendant is fully
aware of his or her rights
To prevent the police from
coercing confessions or selfincriminating testimony from
uninformed suspects
Chapter 20: Civil Liberties: Protecting Individual Rights
20-4 Summary: Fill in the missing words
The 8th Amendment offers protections for Americans being punished for crimes. It forbids the setting of
excessive or unreasonably high bail. _________________ is a sum of money that an accused person
must pay the court as a guarantee that he or she will appear in court at the proper time. Once paid, the
person goes free until the time of the trial. If the defendant does not come to court, he or she does not
get the money back. In 1984 Congress provided for the _________________________ of some people
accused of committing federal crimes. This means that federal judges may keep accused felons n jail
without bond when there is no reason to believe that they will commit additional crimes before trial.
The 8th Amendment also forbids cruel and unusual punishment, such as burning at the stake or
crucifixion. The Supreme Court has held that ______________________________, or the death penalty,
is constitutional if applied fairly. Treason is the only crime the Framers specifically defined in the
Constitution’ they wanted to prevent tyrants from using the charge of treason to punish political
opponents. _____________________ can consist of only two things: making war against the United
States and aiding the nation’s enemies.
Even people convicted of crimes have rights that are protected by the Constitution. FROM THE
ABOVE READING, SUMMARIZE THE PROTECTIONS IN PUNIHSMENT OF CRIMES.
Supreme Court allows
capital punishment if:
_____________________
_____________________
The 8th Amendment
offers protections for
those being punished
for crimes
No excessive or unreasonably:
_______________________
Federal judges may order:
__________________________
No cruel or:
__________________
__________________
Chapter 20: Civil Liberties: Protecting Individual Rights
Each of the statements under the main heading in the outline below is incorrect. Rewrite each to
make it correct.
Bail and Preventive Detention
1. Every person accused of a crime must be allowed to set his or her own bail.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. The Supreme Court rejected preventive detention in Stack v. Boyle, 1951.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Cruel and Unusual Punishment
3. The 6th Amendment prohibits cruel and unusual punishment and the 13th Amendment extend
that prohibition to the States.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. The Supreme Court has ruled that death by firing squad is cruel and unusual.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Chapter 20: Civil Liberties: Protecting Individual Rights
Capital Punishment
5. Thirty States have capital punishment laws.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. A State can impose the death penalty only for crimes resulting in excessive cruelty to the victim.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Treason
7. Treason is the only crime specifically defined in the Constitution because the Framers knew that
its meaning would be lost with time.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
8. A person can be convicted of treason of there is one eyewitness to the treasonous act.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________