Due Process Activity Complete both sides of the paper you were given when you came in.

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Presentation transcript:

Due Process Activity Complete both sides of the paper you were given when you came in

Due Process and the Criminal Justice Process Why should the rights of people who may be criminals be protected?

Important Vocab… Grand Jury – determine if evidence exists for a trial to take place. They issue indictments. Petit Jury – hears evidence and determines guilt and punishment Appeals Courts can uphold, reverse or send a case back to a lower court

4th Amendment What’s the right? 1914 – Weeks v. United States Search and Seizure Probable cause 1914 – Weeks v. United States Exclusionary Rule – Restricted the use of illegally obtained evidence

5th Amendment What’s the right? 1966 – Miranda v. Arizona Right to remain silent 1966 – Miranda v. Arizona Accused must be informed of their rights Government bears the burden of proof Double Jeopardy – can’t be charged for the same crime twice

6th Amendment What’s the right? 1963 – Gideon v. Wainwright Right to fair and speedy trial 1963 – Gideon v. Wainwright When the possible jail sentence for a crime can be 6 months or more, the accused has the right to an attorney

8th Amendment What’s the right? No cruel and unusual punishment No excessive bail 1976 – Gregg v. Georgia Is the death penalty cruel and unusual?

14th Amendment “Due Process” clause and “Equal Protection” clause “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Roe v. Wade Korematsu v. United States

Read pgs. 437-443 in the textbook. Address the following: What are the differences between the types of crimes? Describe the steps in a criminal case Using your own prior knowledge or by discussing with a partner, what are some problems with the criminal justice process? What suggestions can you give to fix these problems?

1. _____________ until proven _________________. 2. Who attempts to prove guilt in a trial? 3. What was the significance of Marbury v. Madison?