Protection of Liberties & Fair Trial. Due Process of Law (5 th Amend) Procedural Due Process: Govt must apply a law fairly Substantive Due Process: Whether.

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Presentation transcript:

Protection of Liberties & Fair Trial

Due Process of Law (5 th Amend) Procedural Due Process: Govt must apply a law fairly Substantive Due Process: Whether a law is fair and reasonable

Due Process & States 14 th Amendment Reconstruction Amendment Reconstruction Amendment Secures rights of freed slaves Secures rights of freed slaves mages/14thamend1.gif&imgrefurl= ml&usg=__9SuQ4hMWj6WI3uiFKn_XOqpNiws=&h=190&w=216&sz=7& hl=en&start=69&tbnid=mrqD1lC5FXZdoM:&tbnh=94&tbnw=107&prev=/i mages%3Fq%3D14th%2Bamendment%26start%3D54%26ndsp%3D18%26 hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE- SearchBox%26rlz%3D1I7GWYA%26sa%3DN

Govt Intrusion- 4 th Amend Search Warrant Allows police to enter to Allows police to enter to search for specific items search for specific items Probable Cause Reasonable grounds to believe serious crime has occured Reasonable grounds to believe serious crime has occured Exclusionary Rule Prevents intro of tainted evidence Prevents intro of tainted evidence search-warrant.jpg

Govt Intrusion- 4 th Amend Search Warrant Allows police to enter to Allows police to enter to search for specific items search for specific items Probable Cause Reasonable grounds to believe serious crime has occured Reasonable grounds to believe serious crime has occured Exclusionary Rule Prevents intro of tainted evidence Prevents intro of tainted evidence search-warrant.jpg

Circumstances a warrant is not needed: “Hot Pursuit” Area around a person from an arrest Probable cause a person has or will commit a crime Crime committed in the presence of an officer 01_HI.jpg

Circumstances a warrant is not needed: “Hot Pursuit” Area around a person from an arrest Probable cause a person has or will commit a crime Crime committed in the presence of an officer 01_HI.jpg

Not needed continued: “Moveable scene of crime”- vehicle may have been used in crime Trash left at the curb Evidence in plain view uEaLY/s320/DSC01116.JPG&imgrefurl= day.html&usg=__LRq0lhtuz2sGtcO2GtPHRLjP3Rg=&h=240&w=320&sz=20&hl=en&start=22&tbnid=RH1oTZpVSuT9gM:&tbn h=89&tbnw=118&prev=/images%3Fq%3Dtrash%2Bday%26start%3D18%26ndsp%3D18%26hl%3Den%26safe%3Dactive%26rls% 3Dcom.microsoft:en-us:IE-SearchBox%26rlz%3D1I7GWYA%26sa%3DN

Protection of Indiv. Liberties Communication Olmstead v. United States-1928 Olmstead v. United States-1928 wiretapping wiretapping Students Rights New Jersey v. T.L.O New Jersey v. T.L.O “reasonable grounds” “reasonable grounds” amazon.com/images/I/41B8T029BGL._SL500_AA240_. jpg

Protection of Indiv. Liberties Communication Olmstead v. United States-1928 Olmstead v. United States-1928 wiretapping wiretapping Students Rights New Jersey v. T.L.O New Jersey v. T.L.O “reasonable grounds” “reasonable grounds” amazon.com/images/I/41B8T029BGL._SL500_AA240_. jpg

Right to Fair Trial- 6 th Amend Speedy trial Public trial Trial by jury Adequate defense Inform of charges Inform of charges ?? Winesses & present witnesses ?? Winesses & present witnesses Represent by counsel Represent by counsel titution1.jpg&imgrefurl= MvRaH0RhFs=&h=425&w=554&sz=71&hl=en&start=1&tbnid=zSL6TH86MSd4cM:&tbnh=102&tbnw=133&prev=/ima ges%3Fq%3D6th%2Bamendment%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE- SearchBox%26rlz%3D1I7GWYA

Right to Fair Trial- 6 th Amend Speedy trial Public trial Trial by jury Adequate defense Inform of charges Inform of charges ?? Witnesses & present witnesses ?? Witnesses & present witnesses Represent by counsel Represent by counsel titution1.jpg&imgrefurl= MvRaH0RhFs=&h=425&w=554&sz=71&hl=en&start=1&tbnid=zSL6TH86MSd4cM:&tbnh=102&tbnw=133&prev=/ima ges%3Fq%3D6th%2Bamendment%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE- SearchBox%26rlz%3D1I7GWYA

Double Jeopardy Cruel & Unusual Punishment- Capital Punishment Constitutional since 1890 Constitutional since 1890 Furman v. Georgia-1972 Furman v. Georgia-1972 Violated the 8 th Amend. Gregg v. Georgia-1976 Gregg v. Georgia-1976 Juries must decide verdict, then penalty verdict, then penalty

Double Jeopardy Cruel & Unusual Punishment- Capital Punishment Constitutional since 1890 Constitutional since 1890 Furman v. Georgia-1972 Furman v. Georgia-1972 Violated the 8 th Amend. Gregg v. Georgia-1976 Gregg v. Georgia-1976 Juries must decide verdict, then penalty verdict, then penalty

Rights of the Accused: Writ of Habeas Corpus Bill of Attainder Ex Post Facto laws Grand Juries Self-incrimination Miranda Rights Look these up!!! Look these up!!!

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