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Due Process, Equal Protection & the 14 th Amendment E.Q. Why is due process an important concept regarding our civil liberties?

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Presentation on theme: "Due Process, Equal Protection & the 14 th Amendment E.Q. Why is due process an important concept regarding our civil liberties?"— Presentation transcript:

1 Due Process, Equal Protection & the 14 th Amendment E.Q. Why is due process an important concept regarding our civil liberties?

2 What is Due Process? “Due Process” - every citizen must be treated fairly and equally before the law 5 th amendment The Federal Government cannot take away life, liberty, or property without following the steps of the law. 14 th – Same steps of law must be taken by state and local governments. (Bill of Rights, especially 5 th are incorporated into the 14 th amendment)

3 What are the Rights of the Accused Before a student gets suspended, they have a right to know the accusations. Students are not entitled to a lawyer or to call witnesses.

4 Two Types of Due Process Procedural – The how Methods of government action Police have to treat everyone fairly Substantive – The what Policies of government action Laws have to be fair

5 Procedural (methods) Example Rochin v. California (1952) Narcotics dealer LA county sheriffs acted on a tip Busted down the door Rochin quickly swallowed two capsules Officers has his stomach pumped at the hospital 2 Morphine capsules. Did Rochin receive due process?

6 Rochin v. California “This is conduct that shocks the conscience. Illegally breaking into the privacy of the accused, the struggle to open his mouth and remove what was there, the forcible extraction of the stomach’s contents—this course of proceedings by the agents of the federal government to obtain evidence is bound to offend even hardened senses. These methods are to close to the rack and screw…”

7 Substantive (policies) Example Peirce v. Society of Sisters (1925) Oregon law state that public school was required from ages 8-16 The goal was to force private and catholic schools out of the state. The law wasn’t enforced unfairly, but the policy itself was unconstitutional

8 How else am I protected? Ex Post Facto laws may not be passed by Congress or the President after you commit a crime. If you were chewing gum last week and an anti-gum law was passed yesterday, you could NOT be charged with a crime.

9 Search and Seizure – 4 th Amendment : Protects you from “unreasonable search and seizure”. -Officers MUST have a warrant in order to search you/your property, seize evidence, or make an arrest. – Terms to know: –Probable Cause - reasonable suspicion of criminal behavior. It is necessary in before police can get a warrant. –Exclusionary Rule – illegally seized evidence cannot be used in a court of law

10 When don’t they need a warrant? If you are being lawfully arrested and the officer finds a weapon/evidence while arresting you, a specific warrant is not needed for the weapon. If an illegal object is in “plain view” of an officer If you are in a vehicle – they only need “probable cause” If you give the officer consent to search. If you are at school – the search can be based on “reasonableness” and not necessarily on “probable cause.” “Toy gun mistaken for a real gun” When they are in “hot pursuit” of a fleeing suspect. If they are using the “stop and frisk” method to investigate a person’s “suspicious behavior” in public.

11 The Trial 5 th Amendment: Protects against self-incrimination You do not have to testify at your trial against yourself Protects you from double jeopardy Cannot be tried for same trial twice

12 6 th Amendment: Guarantees a speedy and public trial Guarantees impartial jury of your peers Guarantees your right to an “adequate defense” Good/prepared attorney Right to attorney

13 Miranda Rights You MUST be read your “Miranda Rights” Right to remain silent Anything you say can be used against you in court Right to an attorney and to have them present during questioning If you cannot afford an attorney, one will be provided for you (6 th amendment) You must be told of charges - if you aren’t, you can request a writ of habeas corpus. The judge will make the officers explain why you should not be released. (6 th amendment)

14 The Punishment 8 th Amendment No excessive bail No cruel and unusual punishment Capital Punishment/Death Penalty? Video: Rachel Hoffman’s Story (20mins)

15 Rachel Hoffman’s Story 1. Did the police need a warrant the first time Rachel got arrested? Why or why not? 2. Did the police need a warrant the second time Rachel got arrested? Why or why not? 3. Why should Rachel have demanded a lawyer’s presence EVERY TIME she dealt with the police? 4. Explain what the police should/could have done differently in this case in order to ensure justice and protect the rights of the accused. 5. Is there anything else Rachel could have done to protect herself legally and/or physically?

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