DUE PROCESS

Procedural Due Process v. Substantive Due Process Procedural follows a set procedure, the same for all the accused Such as counsel, unreasonable searches Substantive means that the laws must be fair

Rights of the Accused The framers were most concerned with these rights, as so many people were accused of crimes, either they didn’t commit, or were overly punished for. It was important for them for the accused to have rights.

4th amendment Forbids Unreasonable Searches and Seizures.

Cannot Search For No Reason Police must have probable cause (reasonable grounds to believe a crime has been committed) Must get a warrant (a court order to search or seize evidence)

If these Rules are Ignored The Exclusionary Rule goes into effect: All evidence obtained in an illegal search cannot be used in court.

Mapp v. Ohio Mapp was suspected of illegal gambling activities. Police broke into her home and found a stash of obscene material. They arrested her on obscenity charges Found unconstitutional under the exclusionary rule

The Fifth Amendment Right to a Fair Trial Right to a Grand Jury Forbids self-incrimination Forbids Double Jeopardy

Fair Trial Representation Jury of Peers Unbiased Judge Right to Face Your Accuser

Grand Jury A group of peers decides if a capital case has enough evidence to continue to trial

Self-Incrimination Right to not put yourself in jail. Burden of proof is not on the defendant Protects someone from a forced confession Or coercion

Double Jeopardy Cannot be tried for the same crime twice Unless there is new overwhelming evidence A hung jury Or a mistrial

Miranda v. Arizona 1967 You have the right to remain silent YOU HAVE TO BE TOLD UPON ARREST You have the right to remain silent Anything you say can be used against you in a court of law You have the right to an attorney If you cannot afford one, one will be provided

6th amendment Guarantees the Right to Counsel, in Federal Courts Not always given in states courts Right to Trial By Jury Speedy Trial

Gideon v. Wainwright Gideon was charged with robbing a vending machine at a pool hall. He asked for counsel, but was denied, as it was not a federal crime. He appealed. Found unconstitutional.

8th Amendment Forbids Excessive Bail Forbids Cruel and Unusual Punishment