Presentation on theme: "Government – Libertyville HS"— Presentation transcript:
1Government – Libertyville HS Due ProcessGovernment – Libertyville HS
2What is Due Process?Due Process is part of the Fifth Amendment (federal government)Due Process is also part of the Fourteenth AmendmentDP protects a person from state / federal government from taking a person’s life, liberty or property without notice and a hearing
3What is Due Process? What is “notice”? What is a “hearing”? The government must tell someone before it takes their property or libertyFundamental right – this MUST happen in a criminal or civil caseWhat is a “hearing”?The government must give a person the opportunity to defend herself
4What is Due Process?Examples of what Due Process protection gives a personRight to a fair and public trialRight to be present at your own trialRight to an impartial juryRight to testify at own trialLaws must be written so a reasonable person can understand them
5What is Due Process? Examples, continued Taxes may only be taken for public purposesProperty may be taken by the government only for public purposesOwners of taken property must be fairly compensation
6What is Life, Liberty & Property? Life = government lawfully executing a personLiberty = government detaining or imprisoning a person FOR ANY REASONStop on streetSend to prison for lifeProperty = government taking your money or stuff
7Due ProcessThe key to due process is making sure the government treats people in a fundamentally fair way!
8How Does Due Process Work? Step One: determine interests of the governmentEx 1– what are interests of school when suspending someone? (discuss)Maintaining a learning enviroSafety of other studentsEx 2 – what are interests of government in a death penalty case? (discuss)Punishing law breakerPreventing other serious crime
9How Does Due Process Work? Step Two: Determine how much “process” is due in a given situationDue process is not rigid, but rather a flexible thingDepends upon situationThink of it as a balance between degree of loss of person’s rights and importance of government’s interests
10Two Parts of Due Process Procedural due processGovernment must use fair and just procedures whenever it wants to take away a person’s life / liberty / propertyMore procedures needed depending upon the amount of injury to a person’s life / liberty / property
11Two Parts of Due Process Substantive Due ProcessGovernment must have a proper reason to take away a person’s life / liberty / propertyThis is the case regardless of the procedural due process followed!
12Let’s Practice!: Question #1 Does a person have to talk with the police at any time, in any situation?NO!Never when conversation may implicate self in criminal activity (right against self incrimination)If you are in custody, police must inform you of your constitutional right (1) to remain silent & (2) of your right to an attorney before questioningBut…Always good to talk to facilitate government interest in law enforcement!AND your refusal to talk may lead police to become suspicious
13Lets Practice! Question #2 When can the police search a person’s home or body?Government must have higher degree of justification for higher degree of intrusion into libertyNeed…Search warrant based on probable cause, granted by judgeWarrant must specify what is to be searched / seizedExample: search warrant looking for AK-47 in home; can police look in…Closet?Shoe box?
14Let’s Practice! Question #2 Exceptions to Search Warrant requirementSafety of police (Terry “stop and frisk”)“hot pursuit” (ex. Pursuing someone into house)Emergencies (ex responding to fire / call for help)Search incident to arrestConsent of person being searchedPlain view (where police are entitled to enter, and violation of law is in plain sight)
15Let’s Practice! Question #3 When may the police search my car?Search accessible interior of car stopped for suspicious behaviorDuring arrest of person in a car (driver or passengers) may search accessible interior of car for safety and protection of police“Inventory” search prior to impounding car (safety reasons)If found pot in car, can be used as evidenceBUT can’t open and search locked suitcase
16Let’s Practice! Question #4 Can school officials search me or my locker?Special responsibility that school has for all students (education)Thus, schools have power to establish and enforce rules to support a learning environmentSchool officials act in place of parents (in loco parentis); have obligation for safety, moral and educational development of studentsSchool authorities have high interest in order, proper behaviorStudents are usually minors w/o fully developed interests or rightsTHUS – students have lower expectation of privacy while on school property
17Let’s Practice! Question #4 So - Can school officials search me or my locker?On school property, officials only have to show “reasonable suspicion” (lower degree of certainty) to justify searchRegarding lockers…What is student’s expectation of privacy?Did student provide own lock, or does school possess keys to open all lockers?Did school state that lockers were not private student areas?
18Let’s Practice! Problem #5 Can school authorities conduct random drug tests of student athletes? How about random searches with drug sniffing dog?USSC – students have diminished expectation of privacy in schoolSchool has strong interest in promoting proper behavior, preventing drug useDrug tests not intrusive into student’s privacySimilar analysis should apply to random searches with drug sniffing dogs