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Due Process Activity Complete both sides of the paper you were given when you came in
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Due Process and the Criminal Justice Process
Why should the rights of people who may be criminals be protected?
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Important Vocab… Grand Jury – determine if evidence exists for a trial to take place. They issue indictments. Petit Jury – hears evidence and determines guilt and punishment Appeals Courts can uphold, reverse or send a case back to a lower court
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4th Amendment What’s the right? 1914 – Weeks v. United States
Search and Seizure Probable cause 1914 – Weeks v. United States Exclusionary Rule – Restricted the use of illegally obtained evidence
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5th Amendment What’s the right? 1966 – Miranda v. Arizona
Right to remain silent 1966 – Miranda v. Arizona Accused must be informed of their rights Government bears the burden of proof Double Jeopardy – can’t be charged for the same crime twice
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6th Amendment What’s the right? 1963 – Gideon v. Wainwright
Right to fair and speedy trial 1963 – Gideon v. Wainwright When the possible jail sentence for a crime can be 6 months or more, the accused has the right to an attorney
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8th Amendment What’s the right? No cruel and unusual punishment
No excessive bail 1976 – Gregg v. Georgia Is the death penalty cruel and unusual?
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14th Amendment “Due Process” clause and “Equal Protection” clause
“nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Roe v. Wade Korematsu v. United States
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Read pgs. 437-443 in the textbook. Address the following:
What are the differences between the types of crimes? Describe the steps in a criminal case Using your own prior knowledge or by discussing with a partner, what are some problems with the criminal justice process? What suggestions can you give to fix these problems?
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1. _____________ until proven _________________.
2. Who attempts to prove guilt in a trial? 3. What was the significance of Marbury v. Madison?
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