Legal standing-Article 3 of the constitution-authority to hear cases and controversies.Search and seizure-if the initial search is correct then everything found in that search is concrete.If the search isn’t correct then the defendant can suppress whatever is found thereShould any constitutional rights be more important than any others?What should the standard be?Fundamental rightsThe Bill of RightsIf a right is specifically listed in the bill of rights then it is fundamental14th Amendment-every is entitled to equal protection and due processin a constitutional case1st ? to ask- does this law or government practice—what was the government action? The government had to have done it—no government action then no constitutional issue.2nd question- does the plaintiff have standing3rd- procedural due processdid this person affected have a reasonable way to challenge the government action4th- Substantive Due Process (is the law itself bad?) Is the law arbitraryif the law is arbitrary then you move on, if not then you don’t move on5th- what kind of right is being affected?Is the right that is being adversely affected a fundamental right? If yes—it is unconstitutional unless the government utilizes strict scrutiny/compelling interest testWas this action the least intrusive means to fulfill an essential purpose of government?—if yes then the law is validIf there was a less intrusive mean then the law is invalidIf the action not against a fundamental rightUse rational basis testWas this government action related to an appropriate purpose of action6th- Equal protection- does law treat different people differently?Suspect class- a discreet, insular minority that has traditionally been underrepresented in governmentYou can look at that person and know that they are differentIf a law adversely affects a suspect class then it has to pass strict scrutinyIf it doesn’t adversely affect a suspect class than it just needs to pass a rational basis testRights given to defendantsRight to appealNeed a record of evidenceNeed a transcript of the trial (that is a right)Right to an attorneyProven guilty beyond a reasonable doubtAn unbiased jurySpeedy trialTo present evidence, get evidenceKnow what the charge isIf the law is too vague for a person to know if they’re breaking it then it’s not a good lawIf the law singles out a group- violates equal protection and due processTerri vs. State of OhioAllowing a police officer to conduct a search if a judge would not be allowed to grant a search warrant then it would give more power to police officers than to judgesApply majority rule and dissentIf the police officer can specifically articulate reasons to be reasonable concerned then the state will have a better chance of winning the caseBrown vs. TexasThe officers could not specifically articulate reasons to be concerned with the appellantThe law itself may be in violation of substantive due processEye-witness testimony is inherently suspectLeads to a lot of wrongful convictionsShould really study pgs 108-111Unit 4 Intro to the Constitution and Civil Liberties 03/17/2014Legal standing- Article 3 of the constitution- -authority to hear cases and controversies. Search and seizure- - if the initial search is correct then everything found in that search is concrete. o If the search isn’t correct then the defendant can suppress whatever is found there Should any constitutional rights be more important than any others?- What should the standard be?o Fundamental rights  The Bill of Rights - If a right is specifically listed in the bill of rights then it is fundamental - 14th Amendment-every is entitled to equal protection and due processin a constitutional case - 1st ? to ask- does this law or government practice—what was the government action? The government had to have done it—no government action then no constitutional issue.- 2nd question- does the plaintiff have standing - 3rd- procedural due processo did this person affected have a reasonable way to challenge the government action- 4th- Substantive Due Process (is the law itself bad?) Is the law arbitrary o if the law is arbitrary then you move on, if not then you don’t move on - 5th- what kind of right is being affected?o Is the right that is being adversely affected a fundamental right? If yes—it is unconstitutional unless the government utilizes strict scrutiny/compelling interest test Was this action the least intrusive means to fulfill an essential purpose of government?—if yes then the law isvalid If there was a less intrusive mean then the law is invalid  If the action not against a fundamental right  Use rational basis test - Was this government action related to an appropriate purpose of action - 6th- Equal protection- does law treat different people differently?o Suspect class- a discreet, insular minority that has traditionally been underrepresented in government  You can look at that person and know that they are different  If a law adversely affects a suspect class then it has to pass strict scrutiny  If it doesn’t adversely affect a suspect class than it just needs to pass a rational basis test - Rights given to defendantso Right to appeal  Need a record of evidence  Need a transcript of the trial (that is a right)o Right to an attorney o Proven guilty beyond a reasonable doubt o An unbiased jury o Speedy trial o To present evidence, get evidence o Know what the charge is If the law is too vague for a person to know if they’re breaking it then it’s not a good law If the law singles out a group- violates equal protection and due process Terri vs. State of Ohio - Allowing a police officer to conduct a search if a judge would not be allowed to grant a search warrant then it would give more power to police officers than to judges - Apply majority rule and dissent- If the police officer can specifically articulate reasons to be reasonable concerned then the state will have a better chance of winning the case Brown vs. Texas - The officers could not specifically articulate reasons to be concernedwith the appellant - The law itself may be in violation of substantive due process Eye-witness testimony is inherently suspect - Leads to a lot of wrongful convictions Should really study pgs