Due Process 5 th Amendment Federal Gov’t cannot deprive any person of life, liberty, or property without due process Two Types Procedural And Substantive Due Process 14 th Amendment State and local gov’t cannot deprive any Person of life, liberty, or property without due process
Types of Due Process Substantive Due Process: The WHAT (the substance, policies) of government action.
Procedural Due Process: The HOW (procedures, methods) of government action. Example: Acting on a tip police broke into a hotel room. There was a man sitting in bed and the police saw two capsules on a nightstand. The man swallowed the pills. Police took him and had his stomach pumped. The capsules contained morphine and he was convicted and sent to prison.
Police Power Power to protect and promote public safety, health, morals, and general welfare. Use of search warrant-a court order authorizing a search. Does the requirement that a person submit to a search violate the 5 th and 14 th Amendment (such as self-incrimination)?
Freedom of Security and Person Probable Cause: reasonable suspicion of a crime. Arrests: Do not need a warrant with probable cause. Searching Automobiles Exclusionary Rule: evidence gained as a result of an illegal police act cannot be used in a trial. Police obtaining the morphine pills after suspect’s stomach pumped.
The Right to Privacy Constitutional guarantees of due process creates a right to privacy.
Right to Bear Arms The Right to Bear Arms: 2 nd Amendment right is not covered by the 14 th Amendment and States can limit the right to own weapons.
Rights of the Accused Writ of Habeas Corpus: A court order which prevents unjust arrests and imprisonments. It commands a prisoner to be brought before a court and for the holding officer to explain why the prisoner should not be released.
Ex Post Facto Laws A law passed after the fact. Characteristics: 1.A criminal law 2.Applied to an act committed before the law’s passage. 3.Works to the disadvantage of the accused.
Grand Jury A formal body of 16-23 persons. Used to determine whether a person should go to trial for serious crime.
Double Jeopardy A person cannot be tried twice for the same crime. However, a single act can result in the commission of several crimes or it can violate both federal and state crime.
Speedy and Public Trial Criteria whether a delay is unconstitutional: 1.Length of the delay. 2.Reasons for it. 3.Whether the delay has harmed the defendant. 4.Whether the defendant asked for a prompt trial. Usually the trial must be held within 100 days. Jury Trial or Bench Trial
Right to an Adequate Defense Miranda Rule: 1.Right to remain silent. 2.Warned that anything you say can be used in court. 3.Right to have an attorney during questioning. 4.Right to an attorney 5.You may bring questioning to an end at any time.
Punishment Bail and Preventative Detention Bail Preventative detention-can be held without bail. Cruel or unusual punishment Capital Punishment Treason-only crime defined in the Constitution: 1.Levying (waging) war against the U.S. 2.Giving aid and comfort to the enemy.
Next Time Test: Chapter 19 & 20 STUDY NOTES, VOCABULARY, & REVIEW SHEET!!! The Review will be turned in prior to the test
Chapter 20 Vocabulary Quiz _____________________________1. evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized ____________________________2. a legislative act that reflects punishment without a court trial ____________________________3. blanket search warrant ____________________________4. the formal device by which a person can be accused of a serious crime ____________________________5. government must create fair policies and laws ____________________________6. a court order which prevents unjust arrests and imprisonments ____________________________7. government must employ fair procedures and methods ____________________________8. a law applied to an act committed before its passage ____________________________9. a formal complaint before a grand jury which charges the accused with one or more crimes ____________________________10. a trial in which the judge alone hears the case procedural due processsubstantive due processbill of attainder writs of assistanceex post facto lawindictment exclusionary rulewrit of habeas corpusgrand jury bench trial
Chapter 19 & 20 Review Chapter 19 Review Sheet Know all of Chapter 19 vocabulary!! What is the Free Exercise Clause? What is the Establishment Clause? What have the courts decided in most prior restraint cases? What have the courts decided in most seditious speech cases? In what situation can the government regulate assemblies? What does the Due Process Clause guarantee? Why is freedom of expression vital to a democracy? When are demonstrations not protected by the 1st Amendment? What rule has been established by the Supreme Court in sedition cases? What are the 3 tests to determine obscenity? What does the 14th amendment guarantee? Wearing of armbands to protest something is an example of _________________. Definition of Civil Liberties Definition of Civil Rights What freedoms are guaranteed in the 1st amendment? What does content neutral mean?
Chapter 19 & 20 Review Chapter 20 Review Define: Police power Probable cause Bill of attainder Double jeopardy Miranda Rule Indictment Capital punishment Bench trial Exclusionary rule Roe v Wade case dealt with the right to ________________ What is the 2nd Amendment? Guarantee to a fair trial includes Why is the crime of treason defined in the Constitution? What was determined to be cruel & unusual punishment? Difference between procedural & substantive due process What is the 13th Amendment? What was determined in Furman v Georgia? What is the 4th amendment?