Print this on one side. Print this on the other.

Interactive Notebook Activity

Written by Molly Phillips www.ClassroomConfections.com

Directions

1)Fold your paper in half

on the dotted line→

2) Read the passage as

directed by your teacher.

3) Color the cover

4) Put glue on this half of

the page and glue into

your interactive

notebook. Once glued into

your notebook, it will open

like a mini booklet.

6) Refer to the passage

when writing information

about each category.

7) Read over the passage

again later in the year.

Written by Molly Phillips www.ClassroomConfections.com

Let’s Learn About

Molly

Phill

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You are being formally charged with armed robbery. Do you

understand the charges being brought against you?

I understand you don’t have an attorney. The courts have

appointed me to represent you.

I haven’t had food in days. My rights are being violated. This is a violation of due process.

Directions

1)Fold your paper in half

on the dotted line→

2) Read the passage as

directed by your teacher.

3) Color the cover

4) Put glue on this half of

the page and glue into

your interactive

notebook. Once glued into

your notebook, it will open

like a mini booklet.

6) Refer to the passage

when writing information

about each category.

7) Read over the passage

again later in the year.

Written by Molly Phillips www.ClassroomConfections.com

Let’s Learn About

Molly

Phill

ips

ww

w.C

lassro

om

Confe

cti

ons.c

om

I haven’t had food in days. My rights are being violated. This is a violation of due process.

You are being formally charged with armed robbery. Do you

understand the charges being brought against you?

I understand you don’t have an attorney. The courts have

appointed me to represent you.

The United States Constitution is the foundation of

America’s national government and laws. It guarantees certain basic

rights to the citizens of the US. It is the supreme law of the land.

One right the Constitution guarantees is “due process”.

The term means fair treatment under the law. People in government

positions must be reasonable and fair when creating laws, making

decisions, and following procedures. The word “due” means “owed”.

The citizens are owed fairness when it comes to their liberties. Due

process protects people from the government abusing its power.

The term “due process” is found in the 5th and 14th

amendments to the Constitution. In each of those amendments, it

says “No person shall be deprived of life, liberty, or property without

due process of the law.” For the citizens, this means the government

must follow a fair process before taking away a person’s life, liberty,

or property. The 5th amendment, which is part of the Bill of Rights,

gives due process under the federal government. The 14th

amendment was added at a later date, and it gives due process

under state and local governments.

There are two kinds of due process. One kind is called

substantive due process. This kind of due process protects citizens

from laws being created that are biased, discriminatory, or unfair in

other ways. Laws should be fair, so when creating laws, substantive

due process looks at who the laws will affect and the impact the laws

will have on people. Substantive due process allows federal courts to

determine whether or not laws are reasonable or if they exceed

government authority. Proposed laws that restrict your fundamental

rights, such as your freedom of speech or religion, are rarely

approved. Any laws created should be constitutional.

The second form of due process is procedural. This

form of due process focuses on the procedures taken to enforce the

laws that have been passed. Following procedural due process

ensures that individuals will not be deprived of life, liberty, or property

without a fair process once they have violated a law.

Let’s look at the two forms of due process by evaluating

what would happen if someone committed armed robbery. When it

comes to armed robbery, a law has been passed that was determined

to be reasonable and fair. People are expected to behave and not

walk into a store with a gun and demand money. The law stating

individuals can’t commit armed robbery is an example of substantive

due process. Procedural due process would come into play once the

person is arrested. Certain procedures must be followed before

taking the person’s liberty away. For example, when the person is

arrested, the police are required to read the individual their rights,

which are: “You have the right to remain silent. Anything you say can

and will be used against you in a court of law. You have the right to

an attorney. If you cannot afford an attorney, one will be provided for

you.” This warning, which is referred to as Miranda Rights*, is a

reminder that you don’t have to say anything that will incriminate you.

There are many examples that fall under procedural due

process, but here are a few more examples:

Being knowledgeable about your rights to due process

is important. Hopefully you will never be charged with a crime, but if

you are, you will then be able to exercise your rights and identify if

your rights have been violated.

Due Process

Molly

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1. Treating People Humanely – Once someone is arrested, the

government can’t deprive them of food and water, nor can the

person be physically abused.

2. Fairness – Before taking a person into custody, the government

must have sound reason to believe the person has broken a law.

Before a person can be formally charged with a crime, there must

be substantial evidence supporting the claim.

3. A Speedy Trial – Once a person is charged with a crime, the courts

can’t intentionally prolong the person’s wait- time in jail before they

have a court hearing.

*Named after a court case: Miranda vs. Arizona

Put glue under this tab.→ Put glue under this tab.→

←cut

←cut

←cut

←cut

Directions: Cut around the outside edge of the flippable. Put glue under the rectangular tab. Once the tab is glued down in your journal and the

flaps have been cut, lift the flaps and answer each question. Write on

your journal page.

What does the term

‘due process’ mean?

In which two amendments is due process ment ioned?

How are citizens protected under substantive

due process?

Imagine this. You have been arrested for a crime and your case is going before the court. You have evidence

that you think will clear you of the charges, but the courts will not let you present the evidence. Is this a

violation of due process? Explain.

Due

Pro

cess

Directions: Cut around the outside edge of the flippable. Put glue under the rectangular tab. Once the tab is glued down in your journal and the

flaps have been cut, lift the flaps and answer each question. Write on

your journal page.

Written by Molly Phillips www.ClassroomConfections.com Molly Phillips www.ClassroomConfections.com

How are citizens protected under procedural due process?

←cut

←cut

←cut

←cut

What does the term

‘due process’ mean?

In which two amendments is due process ment ioned?

How are citizens protected under substantive

due process?

Imagine this. You have been arrested for a crime and your case is going before the court. You have evidence

that you think will clear you of the charges, but the courts will not let you present the evidence. Is this a

violation of due process? Explain.

Due

Pro

cess

How are citizens protected under procedural due process?

Put glue under this tab.→ Put glue under this tab.→

←cut

←cut

←cut

←cut

Directions: Cut around the outside edge of the flippable. Put glue under the rectangular tab. Once the tab is glued down in your journal and the

flaps have been cut, lift the flaps and answer each question. Write on

your journal page.

What does the term

‘due process’ mean?

In which two amendments is due process ment ioned?

How are citizens protected under substantive

due process?

Imagine this. You have been arrested for a crime and your case is going before the court. You have evidence

that you think will clear you of the charges, but the courts will not let you present the evidence. Is this a

violation of due process? Explain.

Due

Pro

cess

Directions: Cut around the outside edge of the flippable. Put glue under the rectangular tab. Once the tab is glued down in your journal and the

flaps have been cut, lift the flaps and answer each question. Write on

your journal page.

Written by Molly Phillips www.ClassroomConfections.com Molly Phillips www.ClassroomConfections.com

How are citizens protected under procedural due process?

←cut

←cut

←cut

←cut

What does the term

‘due process’ mean?

In which two amendments is due process ment ioned?

How are citizens protected under substantive

due process?

Imagine this. You have been arrested for a crime and your case is going before the court. You have evidence

that you think will clear you of the charges, but the courts will not let you present the evidence. Is this a

violation of due process? Explain.

Due

Pro

cess

How are citizens protected under procedural due process?

The term means fair treatment under the law.

Teacher Helper

5th and 14th

It protects citizens from laws being created that are biased,

discriminatory, or unfair in other ways. It keeps the government

from having too much power when creating laws. Laws must be

constitutional.

Following procedural due process ensures that individuals will

not be deprived of life, liberty, or property without a fair process

once they have violated a law.

Yes, your rights would be violated. You have the right to present

evidence and even call your own witnesses. It would be one-sided and

unfair if you were not able to present evidence that could prove your

innocence.

Notes:

Miranda Rights resulted from a 1966 U.S.

Supreme Court case: Miranda vs. Arizona

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