Protecting Individual Rights

Explain the importance of due process

Daily Procedure & Objectives 10/9 & 10/10

• Current Events: Election and Debates

• Chapter 20 Vocabulary Words,

a. Define

b. Criss-Cross Chapter 20 Notes Quiz Review for Test

Vocabulary Words for Chapter 20

1. Procedural due process

2. Writs of Assistance

3. Exclusionary Rule

4. Bench Trial

5. Substantive due process

6. ex post facto law

7. writ of habeas corpus

8. bill of attainder

9. indictment

10. Grand Jury

11. Probable Cause

12. Right to Bear Arms

13. Double Jeopardy 14. Jury Trial 15. Treason

Due Process

5th Amendment Two Types 14th Amendment

Federal Gov’t cannotdeprive any person

of life, liberty, orproperty

without due process

State and local gov’tcannot deprive any

Person of life, liberty,or property

without due process

ProceduralAnd

SubstantiveDue Process

Types of Due Process

• Substantive Due Process: The WHAT (the substance, policies) of government action.

Procedural Due Process:• The HOW (procedures,

methods) of government action. Example: Acting on a tip police broke into a hotel room. There was a man sitting in bed and the police saw two capsules on a nightstand. The man swallowed the pills. Police took him and had his stomach pumped. The capsules contained morphine and he was convicted and sent to prison.

Police Power

• Power to protect and promote public safety, health, morals, and general welfare.

• Use of search warrant-a court order authorizing a search.

• Does the requirement that a person submit to a search violate the 5th and 14th Amendment (such

as self-incrimination)?

Freedom of Security and Person

• Probable Cause: reasonable suspicion of a crime.

• Arrests: Do not need a warrant with probable cause.

• Searching Automobiles• Exclusionary Rule: evidence

gained as a result of an illegal police act cannot be used in a trial. Police obtaining the morphine pills after suspect’s stomach pumped.

The Right to Privacy

• Constitutional guarantees of due process creates a right to privacy.

Right to Bear Arms

• The Right to Bear Arms: 2nd Amendment right is not covered by the 14th Amendment and States can limit the right to own weapons.

Rights of the Accused

• Writ of Habeas Corpus: A court order which prevents unjust arrests and imprisonments. It commands a prisoner to be brought before a court and for the holding officer to explain why the prisoner should not be released.

Ex Post Facto Laws

• A law passed after the fact. Characteristics:

1. A criminal law

2. Applied to an act committed before the law’s passage.

3. Works to the disadvantage of the accused.

Grand Jury

• A formal body of 16-23 persons.

• Used to determine whether a person should go to trial for serious crime.

Double Jeopardy

• A person cannot be tried twice for the same crime. However, a single act can result in the commission of several crimes or it can violate both federal and state crime.

Speedy and Public Trial

• Criteria whether a delay is unconstitutional:

1. Length of the delay.

2. Reasons for it.

3. Whether the delay has harmed the defendant.

4. Whether the defendant asked for a prompt trial.

Usually the trial must be held within 100 days.• Jury Trial or Bench Trial

Right to an Adequate Defense

• Miranda Rule:

1. Right to remain silent.

2. Warned that anything you say can be used in court.

3. Right to have an attorney during questioning.

4. Right to an attorney

5. You may bring questioning to an end at any time.

Punishment

• Bail and Preventative Detention• Bail• Preventative detention-can be held without bail.• Cruel or unusual punishment• Capital Punishment

Treason-only crime defined in the Constitution:

1. Levying (waging) war against the U.S.

2. Giving aid and comfort to the enemy.

Next Time

Test: Chapter 19 & 20 STUDY NOTES, VOCABULARY, & REVIEW SHEET!!!

The Review will be turned in prior to the test

Chapter 20 Vocabulary Quiz• Chapter 20 Vocabulary Quiz• _____________________________ 1. evidence gained as a result of an illegal act by

police cannot be used against the person from whom it was seized• ____________________________ 2. a legislative act that reflects punishment without

a court trial• ____________________________ 3. blanket search warrant• ____________________________ 4. the formal device by which a person can be

accused of a serious crime• ____________________________ 5. government must create fair policies and laws• ____________________________ 6. a court order which prevents unjust arrests and

imprisonments• ____________________________ 7. government must employ fair procedures and

methods• ____________________________ 8. a law applied to an act committed before its

passage• ____________________________ 9. a formal complaint before a grand jury which

charges the accused with one or more crimes• ____________________________ 10. a trial in which the judge alone hears the case • procedural due process substantive due process bill of attainder• writs of assistance ex post facto law indictment• exclusionary rule writ of habeas corpus grand jury• bench trial

Chapter 19 & 20 Review• Chapter 19 Review Sheet• Know all of Chapter 19 vocabulary!!• What is the Free Exercise Clause?• What is the Establishment Clause?• What have the courts decided in most prior restraint cases?• What have the courts decided in most seditious speech cases?• In what situation can the government regulate assemblies?• What does the Due Process Clause guarantee?• Why is freedom of expression vital to a democracy?• When are demonstrations not protected by the 1st Amendment?• What rule has been established by the Supreme Court in sedition cases?• What are the 3 tests to determine obscenity?• What does the 14th amendment guarantee?• Wearing of armbands to protest something is an example of _________________.• Definition of Civil Liberties• Definition of Civil Rights• What freedoms are guaranteed in the 1st amendment?• What does content neutral mean?

Chapter 19 & 20 Review• Chapter 20 Review• Define:• Police power• Probable cause• Bill of attainder• Double jeopardy• Miranda Rule• Indictment• Capital punishment• Bench trial• Exclusionary rule• Roe v Wade case dealt with the right to ________________• What is the 2nd Amendment?• Guarantee to a fair trial includes• Why is the crime of treason defined in the Constitution?• What was determined to be cruel & unusual punishment?• Difference between procedural & substantive due process• What is the 13th Amendment?• What was determined in Furman v Georgia?• What is the 4th amendment?