1. DUE PROCESS

2. Procedural Due Process v. Substantive Due Process
Procedural follows a set procedure, the same for all the accused
Such as counsel, unreasonable searches
Substantive means that the laws must be fair

3. Rights of the Accused
The framers were most concerned with these rights, as so many people were accused of crimes, either they didn’t commit, or were overly punished for.
It was important for them for the accused to have rights.

4. 4th amendment
Forbids Unreasonable Searches and Seizures.

5. Cannot Search For No Reason
Police must have probable cause (reasonable grounds to believe a crime has been committed)
Must get a warrant (a court order to search or seize evidence)

6. If these Rules are Ignored
The Exclusionary Rule goes into effect:
All evidence obtained in an illegal search cannot be used in court.

7. Mapp v. Ohio
Mapp was suspected of illegal gambling activities. Police broke into her home and found a stash of obscene material. They arrested her on obscenity charges
Found unconstitutional under the exclusionary rule

8. The Fifth Amendment Right to a Fair Trial Right to a Grand Jury
Forbids self-incrimination
Forbids Double Jeopardy

9. Fair Trial Representation Jury of Peers Unbiased Judge
Right to Face Your Accuser

10. Grand Jury
A group of peers decides if a capital case has enough evidence to continue to trial

11. Self-Incrimination Right to not put yourself in jail.
Burden of proof is not on the defendant
Protects someone from a forced confession
Or coercion

12. Double Jeopardy Cannot be tried for the same crime twice
Unless there is new overwhelming evidence
A hung jury
Or a mistrial

13. Miranda v. Arizona 1967 You have the right to remain silent
YOU HAVE TO BE TOLD UPON ARREST
You have the right to remain silent
Anything you say can be used against you in a court of law
You have the right to an attorney
If you cannot afford one, one will be provided

14. 6th amendment Guarantees the Right to Counsel, in Federal Courts
Not always given in states courts
Right to Trial By Jury
Speedy Trial

15. Gideon v. Wainwright
Gideon was charged with robbing a vending machine at a pool hall. He asked for counsel, but was denied, as it was not a federal crime. He appealed.
Found unconstitutional.

16. 8th Amendment Forbids Excessive Bail
Forbids Cruel and Unusual Punishment