1. Due Process Court Systems and Practices

2. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights 2

3. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Due Process – an established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of individuals (14 th Amendment) 3

4. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Types of Due Process Due Process (continued) – Substantive due process – the government cannot make laws that apply to situations in which the government has no business interfering, such as privacy, marriage, or travel – Procedural due process – the government must use fair procedures in fulfilling its responsibilities. Procedures used by the government must be reasonable and consistent. 4

5. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing Writ of Habeas Corpus (Article I, section 9 of the Constitution) – A directive from a court requiring the government to justify the imprisonment of a citizen – The government has the burden of proof to justify the arrest and detention in a crime 5

6. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Writ of Habeas Corpus (continued) – Individuals convicted, even though they profess their innocence or that they had a tainted trial, can request the habeas corpus privilege and may demand that the government justify their confinement – A review of court records and evidence may be conducted in order to determine if a violation has occurred 6

7. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Trial by Jury (Article III and the Sixth Amendment) – Persons charged with a crime have the right to allow citizens to determine their guilt or innocence – Federal cases must have an indictment from a Grand Jury in order to pursue a criminal trial – The jury protects persons charged with a crime from corruption within the system 7

8. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Trial by Jury (continued) – Persons charged with a crime can waive their right to a trial by jury The request must be in writing The request must be in open court If the death penalty is not sought 8

9. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Trial by Jury (continued) – Blanton v. Las Vegas (1989) ruled that only those crimes considered as “serious crimes” justified a jury. Crimes that carry a penalty of $500 or more, or six months in jail are considered “serious” – A Grand Jury is a panel of 12 jurors that decide whether or not there is enough evidence to go to trial 9

10. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Self-Incrimination (5 th Amendment) – A person does not have to give testimony if he or she has a legitimate concern that the testimony will contribute to his or her conviction of the crime – Miranda v. Arizona states that persons arrested must be “read their rights” prior to interrogation about a particular crime 10

11. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Double Jeopardy (5 th Amendment) – “No person shall be subject for the same offense to be twice put in jeopardy” – Exceptions to Double jeopardy The defendant challenges the conviction on appeal and a new trial is granted The defendant can be held liable in both criminal and civil courts The defendant can be tried at both the state and federal levels 11

12. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Speedy Trial (Sixth Amendment) – the trial must be held as soon as possible; a person cannot be held for long periods without a trial Confrontation and compulsion of witnesses (Sixth Amendment) – Those accused of a crime have the right to confront those witnesses that will testify against them – Those accused of a crime have the right to compel witnesses to testify on their behalf 12

13. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Informed of Nature and Cause of Accusation (Sixth Amendment) – the accused has a right to know what they are charged with Public Trial (Sixth Amendment) – the trial must be open to the public and a public record must be maintained Appointment of Counsel (Sixth Amendment) – those accused of a felony crime will be appointed an attorney if they cannot afford one 13

14. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Excessive Bail or Fines, and Cruel and Unusual Punishment (Eighth Amendment) – Penalties can be fines or incarceration, but not excessively painful or physically harmful – Cruel and Unusual punishment has been expanded to include unsanitary and inhumane conditions of confinement – Punishment for the crime must be proportionate 14

15. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Due Process Rights During Trial and Sentencing (continued) Excessive Bail or Fines, and Cruel and Unusual Punishment (continued) – Limits judges, congress, and legislatures from assessing excessive fines and punishment – The right to bail allows suspects freedom while they are preparing their case – Bail keeps the accused from staying in jail prior to a determination of guilt 15

16. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing Courts must follow guidelines established through statutes and legislation when imposing a sentence The discretion of a judge is limited by due process rights. Due process is denied if a judge gives a longer sentence in a second trial than was given in the original trial 16

17. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Resources Civic Library of the Missouri Bar http://members.mobar.org/civics/DueProcess5th.htm http://members.mobar.org/civics/DueProcess5th.htm California State University http://faculty.ncwc.edu/mstevens/410/410lect06.htm http://faculty.ncwc.edu/mstevens/410/410lect06.htm U.S. Constitution, Bill of Rights Do an Internet search for: this nation bill of rights accused 17