Due Process of the LawRequires the state and the federal government in matters of life, liberty, or property of individuals to be reasonable, fair, and follow known rules and procedures
Substantive due process Requires law to be fair and reasonable Protects individuals from other individuals Guarantees that everybody would be seen
equal under the eyes of the law
Procedural Due Process Government must respect all, not some, of the
person's legal rights. This requires government to follow specific
steps before taking a person’s fundamental rights search, arrest, persecute, imprison
Rule of Law Government officials must obey the law
Taking someone’s rights must be done according to fair, and established procedures.
By following Due Process: We hope to reduce the risk of ,mistakes,
prejudice, or innocents being accused pr convicted of crimes
Protections Against Unreasonable Law Enforcement Procedures
Amendments 4-5
Searching Warrant v. General warrant Searching with Probable Cause
There must be a good reason for suspecting a person has committed a crime The reasons must be presented to a judge
Affidavit The judge then determines if there is a probable cause to suspect
a violation Judge signs warrant
Searches
Controversies A Warrant is not needed when…
Specific facts justify intrusion from aurthorities A violent crime is taken place A robbery is in progress
Arrest must be performed before suspect injures others Later the officer must convince a judge that they had
probable cause
Enforcing the 4th Amendment Officers have the power to
Stop and question Use force to restrain (only if necessary) Search Arrest and place a person in jail Question while in jail
In case of abuse Departmental discipline Civilian review boards Civil suits Exclusionary rule
Exclusionary Rule Any evidence gained by breaking the law
may not be used in court Mapp v Ohio Excludes evidence in violation of the 5th
Amendment self-incrimination
Right against Self-Incrimination Protection for both innocent and guilty from
potential abuse of government “No person…shall be compelled in any criminal case to be a
witness against himself” It allows a person who is testifying to refuse to answer
questions that could incriminate him or her Immunity
Taking the Fifth Miranda rule
Miranda v Arizona
Miranda Rule Miranda v Arizona
Have the right to remain silent Have the right to have an attorney Anything they say may be used againt them in
court If one cannot afford an attorney, one will be
appointed for them
Limitations Personal
Cannot be use to protect business or unions Cannot be used to protect a friend or family
member
Provisions of the 5th Amendment Once a person is arrested, he/she must be
Charged in a judicial proceeding Indicted by a grand jury
Double jeopardy If one is acquitted he/she may not be tried
6th Amendment Provisions Limitation placed on the Government Intended to provide a fair hearing in court for
criminal trials Speedy trials and public trail Impatial jury Location of trial Right to counsel Compulsory process and confrontaion
The Right to Counsel Adversary System
The need for a layer in a complex system Specialization on every area of the judicial system
This right is now a guarantee Every person needs a lawyer If one cannot afford a lawyer the court will
appoint one
Trial by Jury questions Is trial by jury required in all criminal cases? Must all juries have twelve jurors?
Williams v Florida Does proof beyond a reasonable doubt require
a criminal jury to be unanimous? Who qualifies to serve on a jury?
Taylor v. Louisiana
Purpose of the 8th Amendment A person is presumed innocent until proven
guilty Free on bail pending trial
Problems with implementing bail Unfair treatment to the poor
The poor are more likely to stay in jail Punishing the innocent poor with
Imprisonment Uncompensated time lost
Increases chances of convictions Studies have shown….
Judges and juries tend to convict people who have been held in jail
“Cruel and unusual punishment” The concept has changed over the years It may include
Torture Inhumane imprisonment Threading
Capital Punishment The constitution states that someone's life cannot
be taken away without the due process of law If due process is provided then life may be taken
away as a necessary punishment At one time:
Execution was an automatic penalty for Murderers Rapists
Execution were left out to the jury to decide
Studies have shown The race of the defendant and the victim appeared to be
the most important factor The death penalty does not decrease crime rates The death penalty is more expensive than sentencing a
person to life without parole Murderers of whites are more likely to be sentence to
death than murderers of blacks
Guided DiscretionCreated to solve the problem of discrimination and
prejudice in our judicial system Guided discretion laws:
Jury or judges have to decide whether to sentence a person to life or death at a hearing
Hearing was to be held after a trial where a person has been found guilty
This is a time to hear from the defense and the state, along with witnesses who may request the jury or judge an specific sentence
Capital Punishment cases Furman v Georgia Coker v Georgia Roper v Simmons
