The Courts, Constitution and the Bill of Rights: Due Process

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.

The police can enter and search homes and businesses whenever they want. The laws allow people to be searched….completely…. If they look suspicious.

One judge will decide if a person is guilty or innocent One judge will decide if a person is guilty or innocent. The decision will be final. No Lawyer No Jury

How would you like these news laws? BOOOOOOOO! That’s Bull! Oh Man!

No need to worry…… All the new laws would be unconstitutional The Bill of Rights include several amendments that protect citizens from unfair treatment These amendments ensure “due process”

4th Amendment Protects against unreasonable searches and seizures of Persons Houses Papers and Effects (What are “effects”)

5th and 6th Amendments protect the rights of the accused in courts 5th: No Double Jeopardy No Testify against yourself(“I plead the 5th ) Just Compensation Cannot be deprived of life, liberty or property without due process of law

6th Fair speedy trial Impartial Jury Be informed of the nature and cause of charge Confront Witnesses against Have the assistance of counsel for defence

8th Amendment No excessive bail or fines No cruel or unusual punishment 14th Amendment 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

THESE WORDS HAVE NOT CHANGED, BUT The way the courts interpret them HAS DUE PROCESS RIGHTS HAVE BECOME STRONGER 1960s the courts made several rulings that expanded DUE PROCESS PROTECTIONS