Civil Rights and Civil Liberties Understand the major ideas of Due Process
Due Process Law 2 Due Processes 5th- federal government can not deprive life liberty or property without due process 14th State has same restrictions The rules of the game of life have to be fair Substantive-policies Procedural-methods
Freedom of Security 4th Writ of Assistance- stop blanket searches Probable Cause- reasonable suspicion for warrant In Plain View Arrest- seizure of person Automobiles- no warrant- movable crime scene Calif v. Acevede- can look in closed containers Exclusionary Rule- evidence gained illegally can not be used
Punishment Bail- no excessive bail, Preventive Detention- hold without bail Cruel and unusual punishment Treason- levying against the U.S.
Rights of the Accused Writ of habeaus Corpus- has to have proof to arrest Bill of Attainder- punishment without trial Expost Facto Grand Jury- formal device in which a person can be accused of serious crimes Double Jeopardy Speedy and Public Trial- 100 days
Rights Cont’ Trial by jury Right of the Adequate Defense Bench Trial- decided by judge Right of the Adequate Defense Informed of accusation, confronted by witness, assistance of counsel Self Incrimination- Proof is up to the prosecutor Miranda rule- read before questioning