SECTION1 Lecture: Due Process of Law

SECTION2 Pair Share: The 5th Amendment declares that the Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” Explain the meaning of due process of law as set out in the 5th and 14th amendments. What is the difference between the 5th and 14th Amendments?

SECTION3 Objective Students will understand the concept of Due Process and how it applies to those accused of a crime. Students will understand the concept of Due Process and how it applies to those accused of a crime.

SECTION Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments..1 Understand the changing interpretations of the Bill of Rights over time, including interpretations of the basic freedoms (religion, speech, press, petition, and assembly) articulated in the First Amendment and the due process and equal- protection-of-the-law clauses of the Fourteenth Amendment.

SECTION5 The 5th and 14th Amendments The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”. The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”. The 14th Amendment extends that restriction to State and local governments. The 14th Amendment extends that restriction to State and local governments. Due process means that the government must act fairly and in accord with established rules at all times. Due process is broken down into two branches: Substantive due process—the fairness of the laws themselves Procedural due process—the fairness of the procedures used to enforce the laws

SECTION6 Chapter 20, Section 1 The Meaning of Due Process

SECTION7 Scenario A local police department sets up a road block outside the location of a high school’s prom. Every car driving to or from the prom is stopped, and the car and its occupants are searched for drugs and alcohol. Is this a reasonable exercise of police power or is it a violation of procedural or substantive due process? A local police department sets up a road block outside the location of a high school’s prom. Every car driving to or from the prom is stopped, and the car and its occupants are searched for drugs and alcohol. Is this a reasonable exercise of police power or is it a violation of procedural or substantive due process?

SECTION8 The 14 th Amendment

SECTION9 Equal Protection Clause of the 14 th Amendment Equal Protection of the Law Equal Protection of the Law “…nor deny to any person within its jurisdiction the equal protection of the laws.” “…nor deny to any person within its jurisdiction the equal protection of the laws.” Limits the ability of states to discriminate against people based on their race, national origin, gender, or other status. Limits the ability of states to discriminate against people based on their race, national origin, gender, or other status. This clause has been used to guarantee voting rights, school integration, the right of women and minorities to equal employment and the rights of immigrants to attend public school. This clause has been used to guarantee voting rights, school integration, the right of women and minorities to equal employment and the rights of immigrants to attend public school.

SECTION10 14 th Amendment Court Cases Civil Rights Cases (1883) Civil Rights Cases (1883) Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Brown v. Board of Education (1954) Brown v. Board of Education (1954) Bakke v. Regents of University of California (1978) Bakke v. Regents of University of California (1978)

SECTION11 The Right to Privacy The constitutional guarantees of due process create a right of privacy. Established in Griswold v. Connecticut, 1965, which held that a law outlawing birth-control was unconstitutional. Established in Griswold v. Connecticut, 1965, which held that a law outlawing birth-control was unconstitutional. In Stanley v. Georgia, 1969, the right of privacy was defined as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.” In Stanley v. Georgia, 1969, the right of privacy was defined as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.” Chapter 20, Section 1 The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe v.Wade in 1973.

SECTION12 Film Clip: The Right to Privacy

SECTION13 Wrap-Up What is due process? What is due process? Give examples of rights people have if they are accused of a crime. Give examples of rights people have if they are accused of a crime. What could happen if a person’s due process is violated? What could happen if a person’s due process is violated?