DUE PROCESS

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DUE PROCESS
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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

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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.

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4th amendment

• Forbids Unreasonable Searches and Seizures.

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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)

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If these Rules are Ignored

• The Exclusionary Rule goes into effect
• All evidence obtained in an illegal search cannot
  be used in court.

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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

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The Fifth Amendment

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

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Fair Trial

• Representation
• Jury of Peers
• Unbiased Judge
• Right to Face Your Accuser

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Grand Jury

• A group of peers decides if a capital case has
  enough evidence to continue to trial

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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

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Double Jeopardy

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

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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

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6th amendment

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

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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.

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8th Amendment

• Forbids Excessive Bail
• Forbids Cruel and Unusual Punishment