Due Process Unit 4 Lesson 6

Warm-up Give the meaning of the following words. If they have more than one meaning, include any you can think of. 1. Due: 2. Process:

Objective After class today, you should be able to explain how due process rights protect defendants in court.

Notes Due Process of Law: The government must respect all of the legal rights given to citizens (they have to follow the rules).

Where does Due Process come from? 5th Amendment: People are protected from: a trial without indictment by a grand jury (military exception); double jeopardy; being required to give evidence against yourself; being deprived of life, liberty, or property, without due process of law; the government taking private property for public use, without just compensation

Where does Due Process come from? 6th Amendment: People have the right to: a speedy and public trial, an impartial jury, be informed of the charges, confront witnesses, obtain witnesses, a lawyer.

Where does Due Process come from? 8th Amendment: protection from cruel and unusual punishment. 14th Amendment: Passed after the Civil War. Says that states cannot violate rights given to the people by the Constitution. This is called the Doctrine of Incorporation.

Examples: Double Jeopardy: being tried again for the same crime after originally being found innocent. Double jeopardy is unconstitutional.

Examples: Eminent Domain: The right of the government to take private property for public use. Must give "just compensation.“ ***Specifically stated in the Constitution

Examples: Exclusionary Rule: illegally obtained evidence cannot be used in court. Example: Police enter a home without a search warrant and collect evidence. A judge throws the evidence out in court.

Identify the due process right that is violated in each situation. 1. Bob was found not guilty of murder. After the trial a witness came forward saying he had new evidence that would prove Bob was guilty. The district attorney filed the murder charge against Steve again. 2. Chris was found guilty of theft. He was given a life sentence. 3. Police thought Crystal might have been involved in a crime. While she was at work, they entered her home through her garage to look for evidence. 4. Martin was accused of a crime. The judge decided the evidence was overwhelming and sentenced Martin even though he plead not guilty.

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Multiple Choice Practice 1.When a defendant was tried and found innocent of a crime, the state prosecutor was disappointed but could not legally try the case again. Doing so would violate the defendant's right to protection from a.double jeopardy b.self-incrimination c.illegal search and seizure d.cruel and unusual punishment

Multiple Choice Practice 2. Which of these headlines most involves a due process right? a.Politician Promises Stricter Gun Laws b.Judge Criticizes Police For Withholding Evidence c.Residents Start Campaign to Throw Out Mayor d.County Executive Withdraws Bill to Increase Parking Tax