Terms to know Due Process Search Warrant 2 nd, 4 th, 5 th, 8 th, Amendments Probable Cause Exclusionary Rule Writ of Habeus Corpus Grand Jury, Indictment, Petit Jury Double Jeopardy Roe v. Wade Gideon v. Wainwright Miranda v. Arizona Escobedo v. Illinois
2 Due Process Clauses (statements) in the Constitution: (p. 579) 5 th Amendment: It is called Procedural Due Process because: The government has to follow a certain process of procedures (rules) before they can take your- Life (death penalty) Liberty (freedom/jail time) Property (guilty fees) Procedures such as – getting a warrant, reading you your rights, setting a court date… 14 th Amendment: It is called Substantive Due Process because: The government has to create laws that are fair (the substance of the law is fair) before they can take your- life, liberty, property 14 th says all people born in US are citizens and have the constitutional rights of citizens and the right to fair laws (substantive due process)
#1. Read the paragraph on top right corner of 579: A.What was unfair about the 1922 law in Oregon? B.Did the Supreme Court rule that it violated the 5 th or the 14 th Amendment?
#2. According to the 5 th Amendment: A.When is a Grand Jury indictment required? B.What does “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb” mean? C.What does “nor shall be compelled in any criminal case to be a witness against himself” mean?
Search Warrants: The 4 th Amendment (in conjunction with the 14 th Amendment) is also known as your Right to Privacy: It says that the government cannot illegally search your property or seize your property without a warrant.
#3. Read the 4 th Amendment A.What does the 4 th Amendment say must be given in order to issue a warrant? Explain. B.What two things must be described in the warrant? C.What are the 3 exceptions to the 4 th, when an officer doesn’t need a warrant?
Exclusionary Rule: So, what if the police get evidence out of your house without a warrant? What if the police get you to confess without reading you your rights? Should they be able to use the evidence or your confession in a court case against you?
Exclusionary Rule: The Supreme Court in Weeks v. United States, said not in federal cases. All evidence obtained illegally will be excluded from the trial. This is called the Exclusionary Rule. But state cases were on a trial by trial basis.
#4. Exclusionary Rule A.What court case got the Exclusionary Rule extended to the states? Explain.
#4. Exclusionary Rule B.In Mapp v. Ohio, read about the case, then: If the officers had had a warrant to search her house for a bombing fugitive and gambling evidence, do you think they could have then been able to arrest her for the “dirty books” they found while on their search?
Writ of Habeas Corpus In Article 1, Section 9 of the Constitution, it is outlined the Denied Powers – things the government cannot do. The government cannot suspend (or stop from happening) the Writ of Habeas Corpus. The Writ of Habeas Corpus is an order given by the court to the jail saying that a prisoner must be brought before the court to be officially charged and given a court date. The government then, cannot just keep you in jail forever without charging you or setting a court date. Because in this country you are innocent until proven guilty.
#5 Writ of Habeas Corpus Terrorists associated with the 9/11 Attack have been held in prison, on our naval base in Guantanamo Bay, Cuba since 2001. A.Do you think this violates their right to Habeas Corpus? Why or why not?
Jury duty… A Grand Jury is only used in large cases. This jury decides whether there is enough evidence to go ahead with a trial. If they think there is enough evidence to go ahead with a trial, they “hand down” and indictment. Or the person gets indicted. That means they will be formally charged and tried for their crime. A Petit Jury is the jury (usually of 12 people) that decides whether the person on trial is guilty or innocent.
6 th Amendment You have the right to speak with an attorney before you answer any questions. The Supreme Court supported this in: Escobedo v. Illinois If you can’t afford an attorney, the government will provide you with a public defender. The Supreme Court supported this in: Gideon v. Wainwright.
5 th and 6 th Amendments: Miranda v. Arizona the Supreme Court ruled that your rights need to be read to you before the police question you.
#6. Miranda v. Arizona A.What rights are read to you in your Miranda rights?