Due Process

Due Process

DUE PROCESS 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 Rights of the Accused The framers were most concerned with these rights, as so many people were accused of crimes, either they didnt

commit, or were overly punished for. It was important for them for the accused to have rights. 4 amendment th Forbids Unreasonable

Searches and Seizures. 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) If these Rules are Ignored The Exclusionary Rule goes into effect: All evidence obtained in an illegal search cannot be used in

court. 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 The Fifth Amendment

Right to a Fair Trial Right to a Grand Jury Forbids self-incrimination Forbids Double Jeopardy Fair Trial

Representation Jury of Peers Unbiased Judge Right to Face Your Accuser

Grand Jury A group of peers decides if a capital case has enough evidence to continue to trial 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 Double Jeopardy Cannot be tried for the same crime twice

Unless there is new overwhelming evidence A hung jury Or a mistrial Miranda v. Arizona 1967 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 6 amendment

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

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.

8 Amendment th Forbids Excessive Bail Forbids Cruel and Unusual Punishment

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