Law in American Society

What does Due Process Mean? Due process is derived from the 5 th and 14 th amendments – 5 th Amendment – cannot testify against yourself (“I plead the fifth amendment”), cannot be tried twice for the same crime (double jeopardy), accused have right of due process (equal treatment of the law). – 14 th Amendment – All people born in the US are citizens no matter what race Due Process: Legal procedures that protect rights of individual – legal requirement that the state must respect all of the legal rights that are owed to a personlegal rights

The Due Process Clause and the Incorporation Doctrine [01:49]

Two types of Due Process 1.Substantive Due Process 2.Procedural Due Process

Substantive Due Process Substantive Due Process: Court protection of individual’s basic freedoms – Deals with laws and government action – Used mostly in cases involving rights NOT in Constitution examples: – right to privacy » abortion rights » right to marry

Procedural Due Process Procedural Due Process: Right to fair access to and fair treatment in courts (protection against government) – Minimum (set by Supreme Court)—government must give notice of its plans; citizens must have chance to comment – does not guarantee government will listen – Usually government must follow certain procedures before acting

Procedural Due Process – May also include: a hearing before an impartial person attorney calling witnesses on one’s behalf (5 th ) cross-examination of witnesses (5 th ) transcript of proceedings right to appeal – Procedures depend on three factors: seriousness of potential harm cost to government (time and money) to enact risk of error without it

The Rights of Those Accused of a Crime [04:33]