1. LECTURE 4: THE CONSTITUTION AND DUE PROCESS

2. The Constitution and Due Process The US Constitution set out how US laws are passed and enforced. – The legislative branch makes the law – The executive branch enforces the law – The judicial branch tries cases and, in so doing, interprets the law as it applies to specific situations.

3. The Constitution and Due Process Several key rights guaranteed to all people are specifically listed in Article I of the US Constitution. – The right of an accused person to a writ of habeas corpus (“release the body”). The writ of habeas corpus requires an official who has arrested someone to bring that person to court and explain why he/she is being held. If the government does not have sufficient evidence to hold a person, the person must be released.

4. The Constitution and Due Process – No bills of attainder are allowed. A bill of attainder is a law that punishes a person accused of a crime without a trial. – No ex post facto laws can be passed. Ex post facto means “after the fact.” This provision prevents the government from punishing someone for an act that was not against the law when it was committed.

5. The Constitution and Due Process The Bill of Rights contains additional legal protections. The 4 th Amendment – Protects citizens against “unreasonable searches and seizures.” This provision was intended to make Americans secure in their homes and property. – Under most circumstances, police must show “probable cause” to obtain a search warrant to invade one’s privacy.

6. The Constitution and Due Process – The case Mapp v Ohio (1961) established the “exclusionary rule.” If police gain evidence in a way that violates the 4 th Amendment, the evidence must be “excluded” from one’s trial.

7. The Constitution and Due Process The 5 th Amendment contains numerous key rights fundamental to the US judicial system. – The right to be indicted by a grand jury. (A grand jury is a group of 12 -23 citizens who review the government’s evidence against accused people.) – Protection from double jeopardy. – Protection from self-incrimination (“You have the right to remain silent”)

8. The Constitution and Due Process In 1966, in Miranda v Arizona, the Supreme Court upheld that police must inform suspects of this and other protections. Today, these are referred to as one’s Miranda Rights. The 5 th Amendment rights are sometimes referred to as “due process,” that is, the guarantee that the government must follow the proper procedures if they are going to take away your liberty, your property, or your life.

9. The Constitution and Due Process The Sixth Amendment spells out very specific processes for trying criminal cases. – The accused must be informed of the charges against him/her. – The right to a speedy and public trial in which the defendant can question witnesses and call witnesses on his/her behalf. – The right to trial by jury.

10. The Constitution and Due Process – The right to a lawyer. In 1963, in Gideon v Wainwright, the Supreme Court interpreted this to mean that the state should supply a lawyer for the indigent (poor).

11. The Constitution and Due Process The Eighth Amendment outlaws “cruel and unusual punishment” and excessive bail. – In 1972, in Furman v Georgia, the Supreme Court set forth specific safeguards for capital cases (death penalty cases). – All states had to review their capital procedures in order to comply with the guidelines. 35 states have the death penalty today.

12. The Constitution and Due Process – http://www.deathpenaltyinfo.org http://www.deathpenaltyinfo.org – Judges may set bail very high and even deny bail, but there must be compelling reasons for their decisions.

13. The Constitution and Due Process The 14 th Amendment, passed after the Civil War, was added to ensure that all these rights were extended to all persons and that STATES as well as the federal government could not deny them. – The 14 th Amendment guarantees “equal protection of the laws” to all people.

14. The Constitution and Due Process – Essentially, the 14 th Amendment forbids any form of discrimination based on factors such as race, gender, and religion. – The 14 th Amendment has been the foundation of nearly all civil rights movements, both in the past (African-American, women) and currently (homosexuals, people with disabilities).