104 PART TWO+INDIVIDUAL RIGHTS CHAPTER 5*CIVIL LIBERTIES:PROTECTING INDIVIDUAL RIGHTS 105 also held that Quakers,unlike adherents of most other religions,cannot be legal reason for the detention.If the reason is inadequate,the court must order compelled to serve in the military because their religious doctrine encompasses ANAL4PH压巧5UF the prisoner's immediate release.The Fifth and Fourteenth amendments a conscientious objection to war.In upholding free exercise in such cases,the provide generally that no person can be deprived of life,liberty,or property The Rights of the Accused Court may be said to have violated the establishment clause by granting without due process of law.And specific procedural protections for the accused On January 24. ,Ted preferred treatment to people who hold a particular religious belief.The Court ndy,a serial killer are spelled out in the Fourth,Fifth,Sixth,and Eighth amendments: convicted of murdering three has recognized the potential conflict between the free-exercise and establish- young women and suspected ment clauses and,as in other such situations,has tried to strike a reasonable The Fowrth Amendmenf forbids the police to conduct searches and seizures unless they in the deaths of as many as balance between the competing claims. have probable cause to believe that a crime has been committed. 100 more,died in Forida's When the free-exercise and establishment clauses cannot be balanced,the electric chalr.He had been on Supreme Court has been forced to make a choice.In 1987 the Court ruled The Fifth Amendment protects against double jeopardy (being prosecuted twice for the same offense)and self-incrimination (being compelled to testify against oneself). and his i unconstitutional a Louisiana law requiring that creationism(the Bible's account and legal appeals had of how the world was created)be taught along with the theory of evolution in The Sirth Amendment provides the right to have legal counsel,to confront witnesses,to the state of Flocida several public school science courses.Creationism,the Court concluded,is a religious receive a speedy trial,and to have a trial by jury in criminal proceedings. million dollars.Is Americn's doctrine,not a scientific theory;thus its inclusion in public school curricula The Eighth Amendmenf protects against excessive bail or fines,and prohibits the engthy and elaborate appeals violates the establishment clause by promoting a religious belief.Creationists process too costly?Does it infliction of cruel and unusual punishment on those convicted of crimes. viewed the Court's decision as a violation of their right to the free exercise of beeve that the ey can get religion;they claimed that their children were being forced to study a theory, evolution,that contradicts the Bible's account of the origins of the human race. Defining Procedural Protections away with crime?These guestions are often asked,but These procedural protections have always been subject to interpretation.The are they the mast important ones?Should protection of Fourth Amendment,for example,protects people against "unreasonable the innocent be the Rights of Persons Accused of Crimes searches"of their persons,homes,and belongings.In a 1968 decision,the Supreme Court said that a determination of whether a search was "reasonable" said thatit is Every society must protect itself against wrongdoers,but not all societies have could be based only on the concrete facts of the individual case."The concerned themselves with protecting the innocent.All too many societies have admissibility in court of evidence obtained in an unreasonable search has also Persons go free than to not been above using force to liquidate political opposition.To cite just one convict ane innocent petson. varied.In Weeks v.United States (1914),the Court formulated the exelusionary If the price of justice really is recent example:in the early 1980s more than 10,000 people,many of them rule,which prohibits the use in federal trials of evidence obtained by illegal 100 lo I do vou think it is college students whose"offense"had been merely to question the legitimacy of search and seizure.In subsequent decades,the Supreme Court expanded the too high or too low? The history of liberty has Argentina's military dictatorship,simply "disappeared."They were seized by application of the exclusionary rule,but,in the 1980s,restricted the rule's largely been the his the policeor military authorities and,without even a pretext of being formally application,concluding that in some circumstances illegally obtained evidence 电的方说4东-年不 abserunce of procedural charged with any crime,were summarily tortured and killed.It is no wonder can be admitted in trials if the procedural errors are small,inadvertent,or ir过5. guarantees. that Justice Felix Frankfurter once wrote:"The history of liberty has largely been ultimately inconsequential. Justice Felix Frankfurter the history of the observance of procedural guarantees. Allowing the States to Differ.At first,the exclusionary rule applied only to PROCEDURAL DUE PROCESS federal cases.States in their criminal proceedings were not bound by the rule Nor were states compelled,as was the federal government,to provide Due process of law is rooted in the idea of ensuring justice for all,with special attorneys for felony defendants who could not afford to pay for legal counsel. emphasis on persons accused of crimes."Due process"refers to legal protec- There were limited exceptions,such as a 1932 ruling that a defendant charged in tions that have been established to preserve the rights of individuals.The most a state court with a crime carrying the death penalty had to be provided with an significant form of these protections is procedural due process;the term refers attorney."The Court's general position,however,was that the states them primarily to procedures that authorities must follow before a person can selves could decide what procedural rights their residents would have. legitimately be punished for an offense.(A second form,substantive due process, A noteworthy case was Palko v.Comnecticut (1937).A Connecticut court had is discussed in the next section.) convicted Frank Palko of killing two policemen,and he was sentenced to life The U.S.Constitution provides for several procedures designed to protect a mprisonment.But Connecticut had a statute that permitted law-enforcement person from wrongful arrest,conviction,and punishment(see box).A person has,according to Article I,section 9,"the privilege of the writ of habens corpus." Any person taken into police custody is entitled to seek such a writ,which requires law-enforcement officials to bring him or her into court and state the m9出翠器6 0453i914 "McNabb v.Uxited Stales,318 U.5.332 (1943)