1. Crime and Due Process
There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question in different ways
The Exclusionary Rule
Evidence gathered in violation of the Constitution cannot be used in trial
Mapp v. Ohio

2. Search and Seizure
Fourth Amendment - protects against unreasonable searches
Reasonable Searches
Made with a WARRANT
Order from a judge authorizing the search including specific times and location
In AFFIDAVIT, police officer must convince just of PROBABLE CAUSE
Made with one of the warrant exceptions

3. Search and Seizure Warrant Exceptions Incident to an arrest Consent
Plain View
Emergency Situations
Border /Airport Searches
Hot Pursuit
Stop and Frisk
Vehicle Searches

4. Confessions and Self-Incrimination
Fifth Amendment – protects against self- incrimination (“Plead the Fifth”)
Ban initially meant to prevent torture or coercion; has since expanded to protect people who are unaware of their rights
Miranda v. Arizona
(Miranda Rights also cover
the Sixth Amendment’s
protection of right to
counsel)

5. Due Process
Due process is always a balancing act between the rights of the accused and the rights of society
Warren Court of the 1960s greatly expanded the rights of the accused, to much criticism

6. Right to Privacy
Not specifically mentioned in the Constitution, but assumed through the Fourth and Ninth Amendments
Abortion?
Right to die?