The Courts, the Constitution, and the Bill of Rights: Due Process © 2003 Constitutional Rights Foundation, Los Angeles, 2002. All rights reserved.

What if on tonight’s news you learned that… Several new laws have been passed. These laws give the police and the courts more power to find, catch, and prosecute people who might be criminals. Click 1: What if… Click 2: Several new laws… Click to next slide.

The new laws say that ... The police and post office employees may open and read any mail they think might be interesting. Police and soldiers can enter and search homes and businesses whenever they want. On slide: The New Laws… The police and post office... Click 1: Graphic + Police and soldiers can enter... Click 2: The new laws allow people... Elaboration: Briefly discuss each rule to ensure understanding. Click to next slide. The new laws allow people to be searched…completely…if they look suspicious.

There will be no lawyers. There will be no jury. From now on, Americans who look like they might be breaking the law will be treated as if they are guilty until they are proven innocent. One judge will decide if a person is innocent or guilty. The decision will be final. On slide: From now on… One judge will... Click 1: There will be no lawyers... Elaboration: Briefly discuss each rule to ensure understanding. Click to next slide. There will be no lawyers. There will be no jury.

How would you like these new laws? Booo! Hisss! Yuck. On slide: Graphic Click 1: How would you like these… Elaboration: Conduct a short discussion using the question. Lead students to recognize negative aspects of the hypothetical laws. Click to next slide.

No need to worry. This could not happen today No need to worry. This could not happen today. All of these laws are now UNCONSTITUTIONAL! On slide: All words and graphics. (“Unconstitutional” spins for a few seconds.) Click to next slide. The United States Constitution and the Bill of Rights protect our individual rights and freedoms.

When the founders of our nation created the Constitution and the Bill of Rights, they wanted to try to make sure that people, even those accused of a crime, would be treated fairly. On slide: All text and graphics. Elaboration: Ask students what they think “innocent until proven guilty” means. If the students have recently studied the American Revolution, you might ask them why the founders were so concerned about making sure people would be treated fairly by the new government. (They should describe some of the injustices the Americans felt the British committed.) Click to next slide. They used ideas from English Common Law, like people are innocent until proven guilty.

To the Constitution, the founders added a Bill of Rights To the Constitution, the founders added a Bill of Rights. This list of 10 amendments was created to make sure that individual rights and freedoms would be protected. The Bill of Rights includes several amendments that protect citizens from unfair treatment by the government, including judges and police. These amendments ensure “due process.” Bill of Rights On slide: All words and graphics. Elaboration: Ask the students what they think “due process” means. Ask if they have ever heard anyone say, “he’ll get his due” or “she’ll get what she’s due one of these days.” The term “due process” means getting one’s “due,” or what’s fair. Click to next slide.

4th Amendment Protects against unreasonable searches and seizures of... persons, houses, papers, and effects. On slide: 4th Amendment Protects against… persons, Click 1: crowd graphic Click 2: houses + house graphic Click 3: papers + desk, files graphic Click 4: and effects + graphics Elaboration: Expand on the four categories named on slide; discuss “unreasonable” searches. FYI…4th Amendment cases: Mapp v. Ohio (1961) set the exclusionary rule. Reasons for the rule: Judicial integrity (courts should not condone illegal acts) and deterrence (keep police from violating rights). Katz v. U.S. (1967) defined a search as a government intrusion into something that person has a “reasonable expectation of privacy.” Click to next slide.

The 5th and 6th Amendments protect the rights of the accused in court. On Slide: The 5th and 6th Amendments… 5th Amendment Click 1: Courtroom drops in. No double jeopardy and other text under 5th A. shows. Elaboration: Discuss “taking the Fifth.” Define “double jeopardy.” Define “due process” as basic fairness. Explain that in a criminal case, due process includes the presumption of innocence and the requirement that the state must prove its case beyond a reasonable doubt. FYI...Fifth Amendment cases: Miranda v. Arizona (1966) held that prior to questioning a suspect in custody, police must warn the suspect of his or her rights. In re Gault (1967) ruled that juveniles have these due process rights in juvenile court—to know charges, to have an attorney, to question accusers, to remain silent. Click to next slide. 5th Amendment No double jeopardy. Due process of law. Just compensation. Don’t have to testify against yourself.

6th Amendment Speedy, public trial. Impartial jury. Informed of accusation. Right to an attorney. Witnesses: Confront those against you. Have your own. On slide: All text and graphic. Elaboration: Ensure students understand the listed elements of the 6th Amendment. FYI...6th Amendment cases: Gideon v. Wainwright (1963) held that every person tried for a felony has a right to a lawyer, and if the person cannot afford one, the state must provide the lawyer. Escobedo v. Illinois (1964) held that a person in custody is entitled to have a lawyer present during police questioning. Click to next slide.

8th Amendment No excessive bail or fines. No cruel or unusual punishment. 14th Amendment (1868) States must… Treat all people equally under the law. Provide due process of law. Protect the basic liberties spelled out in the U.S. Constitution. On slide: 8th Amendment No excessive… No cruel or unusual… Click 1: Scorpion and boiling pot graphics. Click 2; 14th Amendment text + graphic. FYI...8th Amendment cases: The 8th Amendment does not spell out what cruel or unusual punishments are. Trop v. Dulles (1955) stated that the 8th Amendment “must draw its meaning from evolving standards of decency that mark the progress of a maturing society.” Gregg v. Georgia (1976) upheld the death penalty as constitutional if strict guidelines were followed. 14th Amendment cases: Palko v. Connecticut (1937) ruled that the 14th Amendment’s due process clause incorporates fundamental liberties “rooted in the tradition and conscience of our people.” Click to next slide.

The words of these amendments have not changed, but the way the courts interpret them has. Over the last 200 years our due process rights have become stronger. On slide: All text and graphics. Click to next slide.

In the 1960s the courts made several rulings that expanded our due process protections. Before this time… If the police searched your house without a warrant, you might be able to file a complaint and sue the police, but the evidence they found could still be used against you in court. The police did not have to “read you your rights” before interrogating you. If you could not afford an attorney… On slide: In the 1960’s… Click 1: If the police… + graphic. Click 2: The police did not have to… Click 3: If you could not afford… Click 4: too bad. + jail graphic. Elaboration: Key cases expanding due process rights in the 1960s: Miranda v. Arizona (1966) Held that any interrogation of suspects in custody is unconstitutional unless police clearly tell suspects that they have right to remain silent, what they say can be used against them in court, they have a right to a lawyer, and if they cannot affordable one, a court will appoint one. Exclusionary Rule (1961) No illegally obtained evidence may be used in court. From 1914 to 1961, the rule only applied to Federal courts. Mapp v. Ohio (1961) made the exclusionary rule apply to states. (In 1960, the year prior to the Mapp decision, no search warrants were applied for by NYC police. During the year after Mapp, over 800 warrants were requested.) Gideon v. Wainright (1963) extended providing defense council for indigents accused of felonies. Prior to that, applied only death penalty cases. Click to next slide. too bad.

The First Chief Justices It is up to the courts to uphold the Constitution and the Bill of Rights. Society changes over time, and so does the way judges interpret the law. The courts look at a given case and decide whether someone accused of a crime received due process. On slide: Graphic + caption. Click 1: Society changes… Click 2: The courts look at... Click to next slide. The First Chief Justices

The United States Supreme Court is the highest court in the land The United States Supreme Court is the highest court in the land. Its decisions cannot be appealed. Only the Supreme Court can overturn its own decisions. On Slide: The United States Supreme… + graphic. Click 1: You are going to become… Click to next slide. You are going to become Supreme Court justices. You will hear and decide a case dealing with a due process issue.

The End Discussion Questions: What is the purpose of the Constitution? The Bill of Rights? What is “due process”? Why do you think due process is important? Transition to activity: California v. Greenwood. Tell students that they are going have a chance to take part in a court simulation.

The Courts, the Constitution, and the Bill of Rights: Due Process Designed by Marshall Croddy Written by Keri Doggett & Bill Hayes Graphic Design and Production by Keri Doggett Special thanks to John Kronstadt, member of CRF Board of Directors, for inspiration and input. © 2003 Constitutional Rights Foundation, Los Angeles, 2002. All rights reserved..