Q1 Notes #4 Law In American Society

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Presentation transcript:

Q1 Notes #4 Law In American Society DUE PROCESS Q1 Notes #4 Law In American Society

1. Due process is derived from the 5th and 14th Amendments. -Society’s basic notions of legal fairness

“No person shall be…deprived of life, liberty, or property without due process of law” - 5th Amendment “All citizens are guaranteed equal protection under the law” -14th Amendment

DUE PROCESS Def: Legal procedures that protect rights of individual

2. Two types of due process a. Substantive Due Process i. Def: Court protection of individual’s basic freedoms ii. Deals with laws and gov’t action iii. Used mostly in cases involving rights not in Constitution

1. examples: a. right to privacy i. abortion rights ii. right to marry

b. Procedural Due Process (Fair Procedures) i. Def: Right to fair access to and fair treatment in courts (protection against gov’t) ii. Minimum (set by Supreme Court)— gov’t must give notice of its plans; citizens must have chance to comment 1. does not guarantee gov’t will listen or citizen will like the action

iii. Usually—gov’t must follow certain procedures before acting 1. Examples: a. being fired from gov’t job b. cut off social security payments c. send someone to jail

iv. May also include: 1. a hearing before an impartial person 2. attorney 3. calling witnesses on one’s behalf (5th)

cross-examination of witnesses (5th) transcript of proceedings 6. right to appeal (This all describes the trial process)

v. Procedures depend on three factors: 1. seriousness of potential harm 2. cost to gov’t (time and money) to enact 3. risk of error without it