Due Process of the Law Requires the state and the federal government in matters of life, liberty, or property of individuals to be reasonable, fair, and follow known rules and procedures

Substantive due process  Requires law to be fair and reasonable  Protects individuals from other individuals  Guarantees that everybody would be seen equal under the eyes of the law

Procedural Due Process  Government must respect all, not some, of the person's legal rights.  This requires government to follow specific steps before taking a person’s fundamental rights search, arrest, persecute, imprison

Rule of Law  Government officials must obey the law Taking someone’s rights must be done according to fair, and established procedures.  By following Due Process: We hope to reduce the risk of,mistakes, prejudice, or innocents being accused pr convicted of crimes

Protections Against Unreasonable Law Enforcement Procedures Amendments 4-5

 Searching  Warrant v. General warrant  Searching with Probable Cause There must be a good reason for suspecting a person has committed a crime  The reasons must be presented to a judge Affidavit  The judge then determines if there is a probable cause to suspect a violation  Judge signs warrant Searches

Controversies  A Warrant is not needed when… Specific facts justify intrusion from aurthorities  A violent crime is taken place  A robbery is in progress Arrest must be performed before suspect injures others  Later the officer must convince a judge that they had probable cause

Enforcing the 4 th Amendment  Officers have the power to Stop and question Use force to restrain (only if necessary) Search Arrest and place a person in jail Question while in jail  In case of abuse Departmental discipline Civilian review boards Civil suits Exclusionary rule

Exclusionary Rule  Any evidence gained by breaking the law may not be used in court Mapp v Ohio Excludes evidence in violation of the 5 th Amendment  self-incrimination

Right against Self-Incrimination  Protection for both innocent and guilty from potential abuse of government “No person…shall be compelled in any criminal case to be a witness against himself”  It allows a person who is testifying to refuse to answer questions that could incriminate him or her  Immunity Taking the Fifth  Miranda rule Miranda v Arizona

Miranda Rule  Miranda v Arizona Have the right to remain silent Have the right to have an attorney Anything they say may be used againt them in court If one cannot afford an attorney, one will be appointed for them

Limitations  Personal Cannot be use to protect business or unions Cannot be used to protect a friend or family member

Provisions of the 5 th Amendment  Once a person is arrested, he/she must be Charged in a judicial proceeding Indicted by a grand jury  Double jeopardy If one is acquitted he/she may not be tried

6 th Amendment Provisions  Limitation placed on the Government  Intended to provide a fair hearing in court for criminal trials Speedy trials and public trail Impatial jury Location of trial Right to counsel Compulsory process and confrontaion

The Right to Counsel  Adversary System The need for a layer in a complex system  Specialization on every area of the judicial system This right is now a guarantee Every person needs a lawyer If one cannot afford a lawyer the court will appoint one

Trial by Jury questions  Is trial by jury required in all criminal cases?  Must all juries have twelve jurors? Williams v Florida  Does proof beyond a reasonable doubt require a criminal jury to be unanimous?  Who qualifies to serve on a jury? Taylor v. Louisiana

Purpose of the 8 th Amendment  A person is presumed innocent until proven guilty  Free on bail pending trial

Problems with implementing bail  Unfair treatment to the poor The poor are more likely to stay in jail  Punishing the innocent poor with Imprisonment Uncompensated time lost  Increases chances of convictions Studies have shown….  Judges and juries tend to convict people who have been held in jail

“Cruel and unusual punishment”  The concept has changed over the years  It may include Torture Inhumane imprisonment Threading

Capital Punishment  The constitution states that someone's life cannot be taken away without the due process of law  If due process is provided then life may be taken away as a necessary punishment  At one time: Execution was an automatic penalty for  Murderers  Rapists Execution were left out to the jury to decide

 Studies have shown The race of the defendant and the victim appeared to be the most important factor The death penalty does not decrease crime rates The death penalty is more expensive than sentencing a person to life without parole Murderers of whites are more likely to be sentence to death than murderers of blacks

Guided Discretion Created to solve the problem of discrimination and prejudice in our judicial system  Guided discretion laws: Jury or judges have to decide whether to sentence a person to life or death at a hearing Hearing was to be held after a trial where a person has been found guilty This is a time to hear from the defense and the state, along with witnesses who may request the jury or judge an specific sentence

Capital Punishment cases  Furman v Georgia  Coker v Georgia  Roper v Simmons