1. Due Process of the Law
20.1

2. Due Process 5th Amendment 14th Amendment
The federal government cannot deprive any person “life, liberty, or property, without due process of the law”
14th Amendment
Applies due process to the states

3. Due Process What is due process?
The government must follow established rules. They must act fairly. They may not act arbitrarily, capriciously, or unreasonably.

4. Two types of Due Process
Procedural due process
Methods of government – how the government acts
Must be fair while carrying out the law
Substantive due process
The policies of government – what the laws say
Must have fair laws

5. Examples
Rochin v. California, 1952
Pierce v. Society of Sisters, 1925

6. Police Power What is the police power?
Authority of each State to act to promote public health, safety, morals and general welfare
What are some examples of actions the government can take to promote the health, safety, morals, and general welfare?
When the police power and individual rights conflict, which side do the courts usually take?

7. Right of Privacy Confirmed in Griswold v. Connecticut, 1965
Roe v. Wade, Abortion
1st trimester - No interference
2nd trimester - Reasonable regulations
How, when and where it can be performed
3rd trimester - Can prohibit all abortions except to preserve life and health of mother

8. On a half sheet of paper, in your own words, explain due process and the police power.

9. Freedom and Security of the Person
Chapter 20.2

10. Searches and Seizures 4th Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.”

11. Searches and Seizures Requires a warrant for arrests and searches
Must specify:
What is to be searched
What is to be seized
Only issued if there is probable cause
Reasonable grounds someone has broken the law
Passed to prevent the use of general warrants
Court order not specifying what is to be searched or what is to be seized
Writ of Assistance
General warrant used by the British

12. Searches and Seizures Exceptions—SEARCH S E A “Stop and Frisk”
“Emergencies” A
“Arrests”
“Abandoned Property”
“Airports and Border Patrols”

13. Searches and Seizures R C H “Right in Plain View” “Consent” “Cars”
“Hot Pursuit”

14. Searches and Seizures Arrests
A warrant is required when arresting someone in their home.
Warrant not needed:
If the police officer witnesses a crime.
If the person is arrested in a public place w/ probable cause.
If a warrant is not issued, the person must be brought before a judge for a probable cause hearing w/in 48 hrs.

15. Exclusionary Rule
Prohibits the use of evidence gained as a result of an illegal act
What good would the protection be if not?
Established in two cases
Weeks v. United States (1914)
Mapp v. Ohio (1962)
Extended the rule to the states (14th Amendment)

16. Exclusionary Rule Exceptions
Only applies to actions of government agents
Not private citizens or private investigators
“Inevitable Discovery”
Would the evidence have been found as a result of a legal search later?
“Good Faith”
Did the police officers believe the warrant was valid when the search was conducted?

17. Wiretapping Prohibited w/o a warrant
Katz v. United States (1967)
Prohibited even if on a public phone
4th Amendment protects people, not places
“Reasonable expectation of privacy” standard

18. 13th Amendment
Added in 1865
Prohibits slavery and “involuntary servitude”
Slavery
Still isolated cases of it today
Mostly involves migrant laborers

19. 13th Amendment “Involuntary Servitude”
Forced labor
Peonage
Forcing someone to work for payment of a debt
Found to violate the 13th Amendment
Duty vs. “Involuntary Servitude”
The draft is constitutional.
Convicted prisoners can be forced to work.
They have already received due process.
Also found to empower Congress to “attack the badges of slavery” to prevent discrimination

20. Security of Home and Person
3rd Amendment
Prohibits quartering of troops in private homes in times of peace
Passed in response to British colonial practice
Never been the subject of a Court case

21. Right to Keep and Bear Arms
Protected by the 2nd Amendment
“A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Debate in the Courts
Intended to permit a state to keep a militia
A part-time, volunteer army
Intended to allow all individuals to own firearms

22. 2nd Amendment and the Courts
Presser v. United States (1886)
Ruled the 2nd Amendment only applied to acts of the nat’l. gov’t.
United States v. Miller (1939)
Ruled that the nat’l. gov’t’s regulations to restrict the ownership of sawed-off shotguns was allowed
Such a weapon had “no reasonable relationship” to a well-regulated militia.

23. 2nd Amendment and the Courts
District of Columbia v. Heller (2008)
held that the Second Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves

24. Rights of the Accused
20.3

25. Prohibited Powers Writ of habeas corpus
Court order requiring officer to explain why a prisoner should not be released
Bill of attainder
Law that declares a persons guilt and seeks to punish them
Ex post facto laws
A law that seeks to punish the accused for committing crimes that were legal at the time

26. Grand Jury
Must be used if a person is being accused of a “capital, or otherwise infamous crime”
Used to issue an indictment
Charges the accused with one or more crimes
Grand Juries rarely used in state court systems

27. Double Jeopardy Cannot be tried for the same crime twice
Can be tried in State and Federal Courts
Can be tried more than once if multiple crimes were committed in one act

28. Speedy Trial
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail…”
Each case judged individually
Criteria to be considered:
Length of delay
Reason for delay
Was delay harmful to defendant?
Did defendant ask for prompt trial?
Time between arrest and beginning of trial cannot be greater than 100 days

29. Public Trial To whom does the right to a public trial belong?
Judges can limit spectators in the courtroom
No TVs in federal cases
States can allow TV coverage of trials, but if not careful, it can lead to an unfair trial

30. Trial by Jury Applies to all federal cases
Applies to the states for all serious cases
What type of jury is used in a trial?
Petit jury
Federal criminal juries – 12 members
State criminal juries – 6 or 12 members
Civil Juries – usually 6 members

31. Juries Where do the jurors come from?
the State and district in which the crime was committed
Unless the accused requests a change
What, if any, are the rules of jury composition?
Drawn from a cross section of the community
May the accused waive the right to a jury?
What is this called?
Bench trial

32. Right to Adequate Defense
Rights
Informed of the nature and cause of accusation
Confronted with the witnesses against him/her
To call favorable witnesses in his/her favor
To have the assistance of counsel for defense

33. Punishment
20.4

34. Bail
What is it?
Sum of money deposited with the court to guarantee that he or she will appear in court
What principle of due process makes a compelling case for using bail?
Why use it? What are the benefits to this system?
A person should not be jailed until proven guilty
A defendant can better prepare for trial outside of jail

35. Preventative Detention
What is preventative detention?
Holding someone without bail until their trial
What are the benefits and criticisms of it?
Protects community from potential harm
Violation of presumption of innocence

36. Bail What would constitute excessive bail?
What should bail be based on?
Crime charged
Reputation of accused
Financial resources of accused
What could we do if the accused has almost no ability to post bail?

37. Cruel and Unusual Punishment
Prohibited by the 8th Amendment
What kinds of punishments were intended to be prohibited?

38. Capital Punishment What is it? Punishment by death
What is the Supreme Court’s view on it?
Furman v. Georgia, 1972
Gregg v. Georgia, 1976
Must have committed a crime in which the victim died – Coker v. Georgia, 1977
Cannot be imposed on the mentally challenged

39. Treason Only crime defined in the Constitution!
Levying war against the US
Adhering to their enemies, giving them aid and comfort
Requires 2 witnesses or a confession in open court
Can only be committed in wartime
Espionage, sabotage or attempting to overthrow gov’t are crimes in war and peace