DUE PROCESS Procedural Due Process v Substantive Due

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 didn’t commit, or were overly punished for. • It was important for them for the accused to have rights.

4 th amendment • 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 th amendment • 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 th Amendment • Forbids Excessive Bail • Forbids Cruel and Unusual Punishment