1. Unit 3 - 1 The Bill of Rights n First ten amendments to the U.S. Constitution. n Purpose is to prevent government from usurping the personal freedom of citizens. n Applied to state actions through the use of the Due Process clause of the 14th Amendment. n First ten amendments to the U.S. Constitution. n Purpose is to prevent government from usurping the personal freedom of citizens. n Applied to state actions through the use of the Due Process clause of the 14th Amendment.

2. Unit 3 - 2 Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

3. Unit 3 - 3 Fifth Amendment n Deals with admissibility of illegally obtained confessions and self-incrimination. n Miranda v Arizona governs custodial interrogations. n Contains double jeopardy clause. n Deals with admissibility of illegally obtained confessions and self-incrimination. n Miranda v Arizona governs custodial interrogations. n Contains double jeopardy clause.

4. Unit 3 - 4 Sixth Amendment n Right to speedy and public trial n Right to impartial jury n Right to be informed of charges n Right to confront adverse witnesses n Right to be provided assistance of counsel n Right to speedy and public trial n Right to impartial jury n Right to be informed of charges n Right to confront adverse witnesses n Right to be provided assistance of counsel

5. Unit 3 - 5 Eighth Amendment n Prohibits excessive bail and fines n Prohibits cruel and unusual punishment n Prohibits excessive bail and fines n Prohibits cruel and unusual punishment n What’s Legal? How far can the state go? n Flogging? n Sensory deprivation? n “Tucker phone”? n Solitary confinement?

6. Unit 3 - 6 Fourteenth Amendment Used to hold states to similar standards as the federal government. Used to hold states to similar standards as the federal government. Theories of incorporation incorporation

7. Unit 3 - 7 Procedural Safeguards of Due Process G Notice of charges G A formal hearing G The right to counsel or other representation G The opportunity to respond to charges G The opportunity to confront or cross-examine G Freedom from self-incrimination G Opportunity to present own witnesses G Decision based on substantial evidence and facts G Written statement of reason for decision G Appellate review procedure

8. Unit 3 - 8 BillofRights V Should basic elements of due process be modified to make it easier for the government to protect us against acts of terrorism? Could this lead to abuses of government power? Can terrorism be successfully fought without significant changes in procedural law? Should basic elements of due process be modified to make it easier for the government to protect us against acts of terrorism? Could this lead to abuses of government power? Can terrorism be successfully fought without significant changes in procedural law? TERRORISM