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Welcome! In your team folders... “ELEMENTS OF DUE PROCESS”

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Presentation on theme: "Welcome! In your team folders... “ELEMENTS OF DUE PROCESS”"— Presentation transcript:

1 Welcome! In your team folders... “ELEMENTS OF DUE PROCESS”

2 DUE PROCESS = fair treatment in the criminal justice system 4 TH AMENDMENT 5 TH AMENDMENT 6 TH AMENDMENT

3 We will begin with the 4 th Amendment Listen to the questions being asked See what you can remember about the 4 th Amendment Raise your hand to inform the class

4 DUE PROCESS = fair treatment in the criminal justice system 4 th Amendment - Warrant must be signed by judge ? ?

5 DUE PROCESS = fair treatment in the criminal justice system 4 th Amendment - Warrant must be signed by judge - Police must have probable cause ?

6 DUE PROCESS = fair treatment in the criminal justice system 4 th Amendment - Warrant must be signed by judge - Police must have probable cause - Evidence found illegally will be excluded (thrown out)

7 DUE PROCESS = fair treatment in the criminal justice system 5 th Amendment -No self-incrimination (right to remain silent) ? ?

8 DUE PROCESS = fair treatment in the criminal justice system 5 th Amendment -No self-incrimination (right to remain silent) -No double jeopardy (tried for same crime twice) ?

9 DUE PROCESS = fair treatment in the criminal justice system 5 th Amendment -No self-incrimination (right to remain silent) -No double jeopardy (tried for same crime twice) -Eminent Domain (government taking your property)

10 DUE PROCESS = fair treatment in the criminal justice system 6 th Amendment - Right to a fair and speedy trial ? ?

11 DUE PROCESS = fair treatment in the criminal justice system 6 th Amendment - Right to a fair and speedy trial - Right to a jury of your peers ?

12 DUE PROCESS = fair treatment in the criminal justice system 6 th Amendment - Right to a fair and speedy trial - Right to a jury of your peers - Right to a lawyer (attorney)

13 Read each scenario and answer The police show up at a woman’s door and begin searching her basement. A judge signed off on a warrant earlier that day because several witnesses claimed they saw marijuana plants in the window. Was due process violated? (Circle one) YesNo 2. A man accused of robbery was arrested and brought to trial. The man refused to answer questions, but the judge forced him to answer and he eventually confessed to the crime out of frustration. Was due process violated? (Circle one) YesNo 3. Two boys were picked up on drug charges after a police officer found used needles in an alley next to their home. They could not afford a lawyer, so they got a public defender to help them out. Was due process violated? (Circle one) YesNo 4. A prosecutor was upset because a man accused of rape beat the charge. He decided to call another trial and bring in some new evidence in the hopes of getting a guilty verdict this time. Was due process violated? (Circle one) YesNo

14 Check your answers The police show up at a woman’s door and begin searching her basement. A judge signed off on a warrant earlier that day because several witnesses claimed they saw marijuana plants in the window. Was due process violated? (Circle one) YesNo 2. A man accused of robbery was arrested and brought to trial. The man refused to answer questions, but the judge forced him to answer and he eventually confessed to the crime out of frustration. Was due process violated? (Circle one) YesNo 3. Two boys were picked up on drug charges after a police officer found used needles in an alley next to their home. They could not afford a lawyer, so they got a public defender to help them out. Was due process violated? (Circle one) YesNo 4. A prosecutor was upset because a man accused of rape beat the charge. He decided to call another trial and bring in some new evidence in the hopes of getting a guilty verdict this time. Was due process violated? (Circle one) YesNo

15 HSA Sample Questions The following questions are practice HSA questions They are very similar to the real questions you will see Give this 100% effort and put your answers on the back of your paper Make sure you put down an answer for each slide changes

16 1. It is legal for a local government to restrict a religious practice if it... a) occurs on private property b) conflicts with the majority view c) threatens people's safety and health d) is funded by a wealthy individual

17 1. It is legal for a local government to restrict a religious practice if it... a) occurs on private property b) conflicts with the majority view c) threatens people's safety and health d) is funded by a wealthy individual

18 2. The decision in Gideon v. Wainwright extended due process in state courts to include… a) women b) the poor c) the elderly d) disabled persons

19 2. The decision in Gideon v. Wainwright extended due process in state courts to include… a) women b) the poor c) the elderly d) disabled persons

20 3. When a defendant was tried and found innocent of a crime, the state prosecutor was disappointed but could not legally try the case again. Doing so would violate the defendant's right to protection from a) double jeopardy b) self-incrimination c) illegal search and seizure d) cruel and unusual punishment

21 3. When a defendant was tried and found innocent of a crime, the state prosecutor was disappointed but could not legally try the case again. Doing so would violate the defendant's right to protection from a) double jeopardy b) self-incrimination c) illegal search and seizure d) cruel and unusual punishment

22 A police officer arrests a suspected criminal and neglects to inform the suspect of the charges against him. 4. Which of these best describes the above situation? a) a failure to ensure separation of powers b) a violation of due process rights c) the abuse of executive privilege d) the misuse of the power of eminent domain

23 A police officer arrests a suspected criminal and neglects to inform the suspect of the charges against him. 4. Which of these best describes the above situation? a) a failure to ensure separation of powers b) a violation of due process rights c) the abuse of executive privilege d) the misuse of the power of eminent domain

24 5. The United States legal system requires that people accused of crimes be… a) held in prison until trial b) informed of the charges against them c) responsible for proving their innocence d) given money if they are found to be innocent

25 5. The United States legal system requires that people accused of crimes be… a) held in prison until trial b) informed of the charges against them c) responsible for proving their innocence d) given money if they are found to be innocent

26 On your own... Complete the HSA sample questions on the back Look at all your options and circle the one you think is correct Once finished, check your answers with teacher

27 Final Check 6. B 7. A 8. D 9. B 10. A 11. D


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