Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Warm Up 5/2/16 All Labrador retrievers bark a great deal. All Saint Bernards bark infrequently. Each of Rosa's dogs is a cross between a Labrador retriever and a Saint Bernard. Therefore, Rosa's dogs are moderate barkers. Which one of the following uses flawed reasoning that most closely resembles the flawed reasoning used in the argument above? A.All students who study diligently make good grades. But some students who do not study diligently also make good grades. Jane studies somewhat diligently. Therefore, Jane makes somewhat good grades. B.All type A chemicals are extremely toxic to human beings. All type B chemicals are nontoxic to human beings. This household cleaner is a mixture of a type A chemical and a type B chemical. Therefore, this household cleaner is moderately toxic. C.All students at Hanson School live in Green County. All students at Edwards School live in Winn County. Members of the Perry family attend both Hanson and Edwards. Therefore, some members of the Perry family live in Green County and some live in Winn County. D.All transcriptionists know shorthand. All engineers know calculus. Bob has worked both as a transcriptionist and as an engineer. Therefore, Bob knows both shorthand and calculus. E.All of Kenisha's dresses are very well made. All of Connie's dresses are very badly made. Half of the dresses in this closet are very well made, and half of them are very badly made. Therefore, half of the dresses in this closet are Kenisha's and half of them are Connie's. 1

Due Process Court Systems and Practices

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Copyright © Texas Education Agency 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) 4

Copyright © Texas Education Agency 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. 5

Copyright © Texas Education Agency 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 6

Copyright © Texas Education Agency 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 7

Copyright © Texas Education Agency 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 8

Warm Up Exactly three films—Greed, Harvest, and Limelight—are shown during a film club's festival held on Thursday, Friday, and Saturday. Each film is shown at least once during the festival but never more than once on a given day. On each day at least one film is shown. Films are shown one at a time. The following conditions apply: On Thursday Harvest is shown, and no film is shown after it on that day. On Friday either Greed or Limelight, but not both, is shown, and no film is shown after it on that day. On Saturday either Greed or Harvest, but not both, is shown, and no film is shown after it on that day. Which one of the following could be a complete and accurate description of the order in which the films are shown at the festival? A.Thursday: Limelight, then Harvest; Friday: Limelight; Saturday: Harvest B.Thursday: Harvest; Friday: Greed, then Limelight; Saturday: Limelight, then Greed C.Thursday: Harvest; Friday: Limelight; Saturday: Limelight, then Greed D.Thursday: Greed, then Harvest, then Limelight; Friday: Limelight; Saturday: Greed E.Thursday: Greed, then Harvest; Friday: Limelight, then Harvest; Saturday: Harvest 9

Copyright © Texas Education Agency 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 10

Copyright © Texas Education Agency 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 11

Copyright © Texas Education Agency 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 12

Copyright © Texas Education Agency 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 13

Copyright © Texas Education Agency 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 14

Copyright © Texas Education Agency 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 15

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Warm Up After replacing his old gas water heater with a new, pilotless, gas water heater that is rated as highly efficient, Jimmy's gas bills increased. Each of the following, if true, contributes to an explanation of the increase mentioned above EXCEPT: A.The new water heater uses a smaller percentage of the gas used by Jimmy's household than did the old one. B.Shortly after the new water heater was installed, Jimmy's uncle came to live with him, doubling the size of the household. C.After having done his laundry at a laundromat, Jimmy bought and started using a gas dryer when he replaced his water heater. D.Jimmy's utility company raised the rates for gas consumption following installation of the new water heater. E.Unusually cold weather following installation of the new water heater resulted in heavy gas usage. 16

Copyright © Texas Education Agency 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 17

Copyright © Texas Education Agency 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 18

Copyright © Texas Education Agency 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 19

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Resources Civic Library of the Missouri Bar California State University U.S. Constitution, Bill of Rights Do an Internet search for: this nation bill of rights accused 20