William_T._Bianco,_David_T._Canon]_American_Polit

138 Chapter 4Chapter 4 || Civil LibertiesCivil Liberties

Double Jeopardy Another Fifth Amendment right for defendants is protection

against being tried more than once for a particular crime. This is known as double

jeopardy because the suspect is “twice put in jeopardy of life or limb” for a single

offense. This prohibition was extended to the states in 1969.^135 But prosecutors can

exploit two loopholes in this civil liberty: (1) a suspect may be tried in federal court

and state court for the same crime, and (2) if a suspect is found innocent of one set of

criminal charges brought by the state, he or she may still be found guilty of the same or

closely related offenses based on civil charges brought by a private individual.

Usually these loopholes are exploited only in high-profile cases in which there is

public or political pressure to get a conviction. For example, in 1992 four Los Angeles

police officers were acquitted of beating Rodney King, a driver they had chased

for speeding. Before the trial, a bystander’s video of the beating had been widely

broadcast; subsequently, when people heard the news of the police officers’ acquittal,

massive and destructive riots broke out that lasted three days. Responding to political

pressure, President George H. W. Bush urged federal prosecutors to retry the officers

not for the criminal use of excessive force but for violating Rodney King’s civil rights.

(Two were ultimately found guilty, and two were acquitted.)

Property Rights The final part of the Fifth Amendment is at the heart of a hot legal

debate over property rights. The clause says, “nor shall private property be taken for

public use, without just compensation.” For most of American history, this civil liberty

has been noncontroversial. When the government needs private property for a public

use such as building a highway or a park, it may force a property owner to sell at a fair

market value in a practice known as eminent domain.

A new, controversial interpretation of the Fifth Amendment’s “takings” clause,

however, has attempted to expand the principle of just compensation to cover not

only “physical takings” but also “regulatory takings.” For example, if the Endangered

Species Act protects an animal whose habitat is on your land, you would not be able

to develop that property. Thus, its market value would probably be lower than if the

endangered species did not live on your land. Therefore, the argument goes, because

of this law the government has “taken” some of the value of your land by legally

protecting the species, so it should compensate you for your loss.

This issue became even more controversial after a case involving a development

project in New London, Connecticut. A working-class neighborhood was sold to a

private developer to build a waterfront hotel, office space, and higher-end housing,

but a homeowner sued the city to stop the development. The Court supported the

local government, saying that “promoting economic development is a traditional and

long accepted function of government,” so a “plausible public use” is satisfied. Justice

O’Connor wrote a strong dissent, saying that the “specter of condemnation hangs over

all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-

Carlton, any home with a shopping mall, or any farm with a factory.”^136 In reaction to

this decision, legislation or constitutional amendments have been passed in 42 states

restricting the use of eminent domain for economic development.^137 This is an evolving

area of the law, with several recent cases restoring property rights and an important

2017 case providing another setback for property owners.^138

The Sixth Amendment: The Right to Legal Counsel and a Jury Trial

The right to an attorney is one of the civil liberties key to criminal law, because the

legal system is too complicated for a layperson to navigate. However, at one time, poor

people accused of a state felony were forced to defend themselves in court if they could

double jeopardy

Being tried twice for the same

crime. This is prevented by the Fifth

Amendment.

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