POLS 1 Lecture 6 (Civil Rights) - Hello This lesson we will cover Civil Rights Once youve completed this lesson you should be able to Distinguish

POLS 1 Lecture 6 (Civil Rights) - Hello This lesson we...

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Hello. This lesson we will cover Civil Rights. Once you’ve completed this lesson, you should be able to:Distinguish “civil liberties” and “civil rights”Understand the concepts of equal protection and due processUnderstand significance of the 13th, 14th, and 15thAmendmentsUnderstand how civil rights have been expanded through legislation and court decisionsThe problem Civil Rights is the problem with Pluralism. Pluralism is a valued aspect of our political system. On the one hand public policy should further majority interests. On the other, this can also lead to “tyranny of the majority.” The question to be answers is: How do we protectthe rights of minorities and the disadvantaged in such a system? Although the concept of civil rights was not current when the Framers wrote the Constitution, civil rights do have a constitutional basis. Simply stated, government must guarantee equal treatment and opportunity for all citizens. The 14thAmendment affords civil rights protections atthe national level, and the courts have extended these to actions of states and private parties. (Civil liberties are only enforceable against government action.)The 14t Amendment, through its Equal Protection and Due Process Clauses provides for:A single national citizenshipIncorporation of the Bill of Rights, making it binding on actions of statesEqual protection for all citizens under lawCongress and the courts have also relied on the Commerce and Necessary & Proper Clauses to enforce equal protection, as well as guarantee other civil rights. But first, let’s take a detour and review the criminal due process under the 5thAmendment. Criminal due process rights include:Right to be notified of chargesRight to counselRight to reasonable bail (balanced against public safety; likelihood of trial appearance)Right to a speedy and public trialRight against self-incriminationRight to confront witnesses Right to challenge illegally or improperly obtained evidenceRight to trial by juryRight to appeal convictionsGuarantees of defendant’s rights are not universally accepted. Victim’s rights advocates have urged adoption of a “crime control” model; for these people, deterrence should be the goal of criminal justice. Victim’s rights group advocacy has called for:Expanded search, seizure, and arrest powers for police
Limit or eliminate Exclusionary Rule Limited rights of appealDue process under the 14thAmendment guarantees substantive and procedural due process. It applies to criminal, civil, and administrative law, it applies to both the federal government and

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