Civil Liberties as a Restriction on Government Action
Civil liberties are restrained to the government. These things that the government may not be able to do because it’ll get in the way of a person's individual freedoms. Such as the freedoms of action and speech, for the good of the people. Due process is a part of the fifth amendment that was made to cover the grand jury issues. For instance, due process has to do with the right to a fair trial. That being said, civil liberties and due process have played a huge part in the American legal system. Due process is what makes the people of the U.S feel like they have a say. This is why the Korematsu vs the u.s state shocked everyone . in 1941 Japanese dropped a bomb on an American base that killed 2,400 people. This resulted in World War ll, and because of this, they suspected anyone that is Japanese. Franklin Roosevelt signed executive order 9066. This meant that all Japanese Americans would be placed in concentration camps and that they weren’t allowed in some states. That is unless they were in a camp.
Frank Korematsu knew that Roosevelt was wrong and he didn’t want to leave and he refused. He was eventually arrested and placed in federal prison. Later, frank Murphy argued that executive order 9066 went against due process/the fifth amendment. Also, it was the legalization of racism. In 1945 the executive order was canceled, and later in 1988, the civil liberties act was passed. This apologized about what happened with the executive order and the camp survivors were given money. Though it is still shocking to see just how long it took for people to understand the due process was being violated, it is a great thing that due process is a part of the fifth amendment or else the executive order would have stayed. Due process and civil liberties strengthened the American legal system. In the map vs. Ohio case in 1961, map's fourth amendment was ignored when the police broke into her house and found evidence of illegal gambling, a pistol, and sexual obscene photos. They wanted to charge her, though Since they came into her house without a warrant and found these things, the court found that this violated the rights of the fourth amendment. They did an unreasonable search on her house without a warrant. Civil liberties is a reason for why she was able to win the case, no one has the right to enter anyone’s home without a warrant. Also making the American legal system stronger.
A man named Clarence Earl Gideon was accused of stealing cash from a register. The man seemed to have been an easy target considering he has been arrested before, as it turns out he didn’t do it. In addition, they were violating the rights of the accused, by refusing him a lawyer. Gideon ended up having to defend himself and didn’t go a great job and was thrown in prison, the refusal of a lawyer being the main part of the case “Gideon vs wainwright” .He later was represented by a lawyer provided by Florida, and he won the case and was freed. They also made the 14th amendment stronger. Also, in my opinion, I feel that they should not have arrested the man because they did not actually have a reasonable or better yet probable cause to accuse him. All cases show how due process and civil liberties have strengthened the legal system. Allowing everyone to a fair trial specifically. In short, the Hamdi v. Rumsfeld case of 2004 resulted in the U.S. citizens must have the right of due process. Sandra day O’Connor said “a state of war is not a blank check when it comes to the rights of the Nation’s citizens”, some people may not have gotten their liberty but in these cases they did, like in cases like James lee Woodward where he was exonerated after 27 years in prison. Though there are some ways where the legal system is weaker because of due process and civil liberties.
Such as the Supreme Court case “people vs Earl Lloyd Jackson” which a case on habeas corpus, Jackson committed a crime where he beat 2 elderly women and raped one. Jackson was an African American man who was the first man to be on death row back in 1977, and he has stayed in death row for the past 32 years. Ethan Couch is a white male who killed 4 people and injured 9 while driving under the influence. While using the affluenza defense, the couch was sentenced to 10 years of probation. Since the couch was allowed a fair trial and was able to convince the jury, this can be considered a way of how the due process can weaken the legal system. Considering how two different men of different races both committed crimes and got completely different sentences.
Brock Turner was a man who sexually assaulted two women and was protected because he didn’t want impact since he was a swimmer. His father wrote a letter in his son's defense, saying that if he could he would reverse time and he is truly sorry for what happened that night. Then went on to talk about his son's academics. To which the victim responded,” this is a reason for all of us to speak even louder.” It gets worse, Zimmerman and Anthony were both charged of murder and got off with a pat in the back because of due process, though people like Brian Banks, Chris Ochoa, and Steven Slevin, we’re not even given a fair trial. Which ALSO, goes against due process. Also, Slevin is 50 pounds thinner after imprisonment. The LAPD is notorious for beating people wrongly.
The police corruption has been horrible. Yet the police never seem to pay for what they have done. In 2006 the Duke lacrosse team was accused of rape and yet it was not talked about as much as it should have been. From cases that were horribly turned justified to cases where Innocence is ignored because of a false conviction. The American legal system has proven to be weak because of due process and civil liberties, letting criminals off the loose and the innocent behind bars.
References
- “When the Supreme Court Justified Japanese Internment Camps | Korematsu v. the United States.” YouTube, YouTube, 27 July 2018, you.be/rRiHumq_wdI.
- “Can the Police Use Evidence They Got Illegally? | Mapp v. Ohio.” YouTube, YouTube, 11 May 2018, youtu.be/dPpLL9fBlZM.
- “Why You Get a Lawyer If You Can't Afford One | Gideon v. Wainwright.” YouTube, YouTube, 5 May 2017, youtu.be/3YSypB3nP2g.
- “People v. Jackson.” Justia Law, law.justia.com/cases/california/supreme-court/3d/28/264.html.
