1. Assuring Individual Rights
CHAPTER 14
4/6/2017
CHAPTER 14
Assuring Individual Rights
Section 1: Protecting Individual Liberties
Section 2: Rights of the Accused
Section 3: Ensuring Fair Trials and Punishments
Assuring Individual Rights

2. Section 1: Protecting Individual Liberties
Objectives:
What does the term due process mean?
How is procedural due process different from substantive due process?
How do the Fourth Amendment and due process protect people’s security against unreasonable state action?
How does the Bill of Rights protect people’s privacy?

3. Section 1: Protecting Individual Liberties
Due process means the government must follow fair procedures set by law when carrying out government duties.

4. Section 1: Protecting Individual Liberties
Difference between procedural due process and substantive due process:
procedural due process—ensures that the government applies laws fairly and according to set procedures
substantive due process—determines if a law is fair and constitutional

5. Section 1: Protecting Individual Liberties
Protections of people’s security against unreasonable state action:
The Fourth Amendment
protects citizens from unjust government interference
forces authorities to show probable cause to obtain a search warrant
prevents the authorities from conducting unreasonable searches of people and their possessions
Due process
prevents the government’s abuse of police power
forces the authorities to follow set procedures in carrying out their duties

6. Section 1: Protecting Individual Liberties
The Bill of Rights protects people’s privacy against the government’s police power.

7. Section 2: Rights of the Accused
Objectives:
How does the Constitution protect the right of habeas corpus and protect against bills of attainder and ex post facto laws?
How do requirements for bringing charges before grand juries protect the rights of people accused of crimes?
How does the Fifth Amendment protect against self-incrimination?

8. Section 2: Rights of the Accused
How the Constitution protects the right of habeas corpus and against bills of attainder and ex post facto laws:
Article I, Section 9 guarantees accused people the right to a writ of habeas corpus.
Article I, Sections 9 and 10 prevents Congress and state governments from passing bills of attainder.
Article I, Sections 9 and 10 prevents federal and state governments from passing ex post facto laws.

9. Section 2: Rights of the Accused
Requirements for bringing charges before grand juries protect the rights of people accused of crimes by limiting the government’s control in holding and indicting accused people.

10. Section 2: Rights of the Accused
Fifth Amendment protections against self-incrimination:
protects people accused of crimes from providing evidence against themselves at their own trials or during questioning by law enforcement officials
protects people accused of crimes from being forced to incriminate themselves
requires that people accused of crimes be informed of the Miranda Rule, their right to refuse to answer questions of law enforcement officials if it might be self-incriminating

11. Section 3: Ensuring Fair Trials and Punishments
Objectives:
Which amendments of the Bill of Rights help guarantee the right to a fair trial?
In what ways does the Bill of Rights protect convicted criminals from excessive punishment?

12. Section 3: Ensuring Fair Trials and Punishments
The Fifth, Sixth, Seventh, and Eighth Amendments of the Bill of Rights help guarantee the right to a fair trial.

13. Section 3: Ensuring Fair Trials and Punishments
Ways the Bill of Rights protects convicted criminals from excessive punishment:
protects them from cruel punishment
guards them from unusual punishment

14. Chapter Wrap-Up
1. What is the difference between procedural due process and substantive due process?
2. What role does due process play in protecting the security and privacy of the people?
3. How does the writ of habeas corpus protect the rights of the accused?
4. What is the Miranda Rule? In what way does this rule protect people’s right not to incriminate themselves?

15. Chapter Wrap-Up
5. What is capital punishment? How has the Supreme Court applied the Eighth Amendment to cases involving capital punishment?
6. What elements of a fair trial are protected by the Bill of Rights?