Right to Privacy Crime and Law -- Nilsen
Privacy is: <ul><li>The right to be let alone </li></ul>
Privacy is: <ul><li>The right to do what  you want without  government interference </li></ul>
Privacy is found:  <ul><li>Nowhere in the Constitution! </li></ul>
Zones of Privacy <ul><li>First Amendment (religion, others) </li></ul><ul><li>Third Amendment (military quartering) </li><...
How do courts tell whether  privacy is violated? <ul><li>Reasonable Expectation  of Privacy (REOP)  vs.  government intere...
What about: <ul><li>A public school requires students to obey a dress code and restricts the hair length of boys. </li></u...
What about: <ul><li>A law forbids nude sunbathing anywhere at a community’s beaches. </li></ul><ul><li>In a prison that ha...
What about: <ul><li>A state law requires motorcyclists to wear helmets. </li></ul><ul><li>The police place a small device ...
<ul><li>The REOP in one’s home  is  very strong , except  when related to a crime. </li></ul>
<ul><li>The REOP at school  is  very weak , except  for some confidentiality concerns. </li></ul>
<ul><li>The REOP in information gathering is  strong , except  for acts done in public. </li></ul>
<ul><li>The REOP for family  decisions is  strong ,  except in cases of abuse. </li></ul>
<ul><li>The REOP for reproductive decisions is  moderately strong , except for all sorts of exceptions. </li></ul>
What about: <ul><li>A state law requires that the father of the baby provide written consent before a woman is able to obt...
What about: <ul><li>A state law requires a 24-hour waiting period between the time of the woman’s decision to have the abo...
What about: <ul><li>A state law requires a pregnant minor to obtain written consent from one parent or from a judge in ord...
<ul><li>The REOP in national  security cases is  weak ,  especially in times of war. </li></ul>
Examples <ul><li>The USA Patriot Act allows greater government surveillance powers in the aftermath of the 9/11 attacks. <...
Examples <ul><li>During World War I, the federal government restricted the right to criticize the government, either verba...
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Chapters 42 and 17

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Right to Privacy PPT for Nilsen's Crime and Law Class

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Chapters 42 and 17

  1. 1. Right to Privacy Crime and Law -- Nilsen
  2. 2. Privacy is: <ul><li>The right to be let alone </li></ul>
  3. 3. Privacy is: <ul><li>The right to do what you want without government interference </li></ul>
  4. 4. Privacy is found: <ul><li>Nowhere in the Constitution! </li></ul>
  5. 5. Zones of Privacy <ul><li>First Amendment (religion, others) </li></ul><ul><li>Third Amendment (military quartering) </li></ul><ul><li>Fourth Amendment (search and seizure) </li></ul><ul><li>Fifth Amendment (self-incrimination) </li></ul><ul><li>Ninth Amendment (all other rights) </li></ul><ul><li>Fourteenth Amendment (due process) </li></ul>
  6. 6. How do courts tell whether privacy is violated? <ul><li>Reasonable Expectation of Privacy (REOP) vs. government interest </li></ul>
  7. 7. What about: <ul><li>A public school requires students to obey a dress code and restricts the hair length of boys. </li></ul><ul><li>The government requires taxpayers to reveal the source of their income, even if it is from illegal activities. </li></ul>
  8. 8. What about: <ul><li>A law forbids nude sunbathing anywhere at a community’s beaches. </li></ul><ul><li>In a prison that has several stabbings, inmates are strip searched every day. </li></ul>
  9. 9. What about: <ul><li>A state law requires motorcyclists to wear helmets. </li></ul><ul><li>The police place a small device in a phone that enables them to record all numbers dialed on that phone. </li></ul>
  10. 10. <ul><li>The REOP in one’s home is very strong , except when related to a crime. </li></ul>
  11. 11. <ul><li>The REOP at school is very weak , except for some confidentiality concerns. </li></ul>
  12. 12. <ul><li>The REOP in information gathering is strong , except for acts done in public. </li></ul>
  13. 13. <ul><li>The REOP for family decisions is strong , except in cases of abuse. </li></ul>
  14. 14. <ul><li>The REOP for reproductive decisions is moderately strong , except for all sorts of exceptions. </li></ul>
  15. 15. What about: <ul><li>A state law requires that the father of the baby provide written consent before a woman is able to obtain an abortion. </li></ul><ul><li>A poor woman is unable to obtain an abortion because her state does not provide public funds to cover such a medical procedure. </li></ul>
  16. 16. What about: <ul><li>A state law requires a 24-hour waiting period between the time of the woman’s decision to have the abortion and the actual procedure. </li></ul><ul><li>A state law requires a pregnant minor (someone under the age of 18) to obtain written consent from both parents in order to obtain an abortion. </li></ul>
  17. 17. What about: <ul><li>A state law requires a pregnant minor to obtain written consent from one parent or from a judge in order to obtain an abortion. </li></ul>
  18. 18. <ul><li>The REOP in national security cases is weak , especially in times of war. </li></ul>
  19. 19. Examples <ul><li>The USA Patriot Act allows greater government surveillance powers in the aftermath of the 9/11 attacks. </li></ul><ul><li>President Lincoln suspended the writ of habeus corpus during the Civil War. </li></ul>
  20. 20. Examples <ul><li>During World War I, the federal government restricted the right to criticize the government, either verbally or in writing. </li></ul><ul><li>During World War II, the federal government forced over 100,000 citizens of Japanese ancestry into detainment camps. </li></ul>

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