Civil Liberties: Due Process

Rights of Accused Persons

4th Amendment

• Searches and Seizures

• Warrants: Search and Arrest

• Must have probable cause, describe place, and persons or things seized

• EXCLUSIONARY RULE applies

• Selective Incorporation- 14th Amendment

• Mapp v. Ohio: Extended exclusionary rule to evidence seized by state/local cops

5th Amendment

• “Due Process” clause• Grand jury for federal crimes• No double jeopardy• *No self-incrimination (“plead the 5th”)• Due process of law for all• *EXCLUSIONARY RULE applies• Selective Incorporation: 14th Amendment• Miranda v. Arizona: “Miranda warning” protects

suspects from unfair police interrogation

6th Amendment

• Rights when on trial• Speedy and public trial• Impartial jury of peers• Informed about charges• Confront witnesses against you• Attorney• Selective Incorporation: 14th Amendment• Gideon v. Wainwright: extended right to public

defense attorney to state trials

8th Amendment

• No excessive bail or fines

• No cruel or unusual punishment

Your Rights Guaranteed by Constitution?

• Remain silent (5th)

• Be represented by lawyer (6th)

• Demand a writ of habeus corpus (6th)

• Speedy and public trial (6th)