Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process –...

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Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The How” – Laws must be applied to all fairly

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Transcript of Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process –...

Page 1: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

Last Unit: Due Process

Everyone must be treated fairly under the lawSubstantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The How” – Laws must be applied to all fairly

Page 2: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

4th AmendmentNo unreasonable searches and seizures To search property, police need

Probable CauseA warrant from judge

Exclusionary Rule – evidence obtained illegally can’t be used in court

Page 3: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

Exceptions to needing a warrant1. Plain view2. If person will escape, destroy

evidence or harm others3. Customs officials (MTA & TSA)

don’t need warrants or probable cause

Page 4: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

On The street

On the streetTerry v Ohio“Stop and Frisk” in NYC

In School New Jersey v TLO

Page 5: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

CarsDriving vs. Parked

Page 6: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

Supreme Court Cases1. Michigan Department of State

Police v Sitz – DUI checkpoints2. Minnesota v Carter – peaking in

homes3. California v. Ciraolo – aerial search4. Maryland v Garrison – “good faith”5. Tennessee v. Garner - lethal force6. Minnesota v. Dickerson - patdowns7. Vernonia School District v Acton –

school8. Kyllo vs US – thermal heat scans9. US v Sokolov – shady airport acts10. Alabama v White – anon tipsters

Your task:1.Act out the case2.Explain the Supreme Court’s ruling --- don’t explain the lower court rulings

Page 7: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

5th Amendment Right to a Grand Jury – For felonies

IndictmentProtects against self-incrimination

If refuse and must - “contempt of court”Some given immunity (immune from charges)

Rochin v California – “reasonable physical exams”No Double Jeopardy – Can’t be tried twice for same crime

Page 8: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

6th Amendment Speedy and public trialRight to confront witnessImpartial jury

Steps towards Jury DutySummons, Questionnaire, Voir Dire, Preemptory Strikes

Page 9: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

Right to a Lawyer…during…Powell v. Alabama (‘32) –Capital Case = death penaltyGideon v. Wainwright (‘63) –in all casesEscobedo v. Illinois (’64) - interrogation Miranda v. Arizona (‘66) – read rights

Page 10: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

8th AmendmentNo excessive bailNo cruel and unusual punishment – crime must match the sentence Death Penalty – Furman v. Georgia (1972) and Gregg v. Georgia (1976)Other cases

Mentally retardedJuvenile Death Penalty

Page 11: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

9th and 14th Amendment9th –Right to Privacy

3 Zones: Thoughts and beliefsPersonal information Family and relationships

Page 12: Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The.

Sexuality & 9th Griswold v. Connecticut Lawrence and Garner v. Texas Roe v. Wade and Restrictions


Government – Libertyville HS Due Process. What is Due Process? Due Process is part of the Fifth Amendment (federal government) Due Process is part of.

Government – Libertyville HS Due Process. What is Due Process? Due Process is part of the Fifth Amendment (federal government) Due Process is part of.

Due Diligence Process

Due Diligence Process

Due Process Cases_complete

Due Process Cases_complete

Orig Due Process

Orig Due Process

CRITICAL ATTRIBUTES OF GOOD DUE PROCESS DECISIONSethics.iit.edu/publication/Ladenson Good Due Process Decisions.pdfCritical Attributes of Good Due Process Decisions: A Guide for the

CRITICAL ATTRIBUTES OF GOOD DUE PROCESS DECISIONSethics.iit.edu/publication/Ladenson Good Due Process Decisions.pdfCritical Attributes of Good Due Process Decisions: A Guide for the

Criminal Due Process

Criminal Due Process

Compilation - Due Process

Compilation - Due Process

Legal_veterans Due Process

Legal_veterans Due Process

DUMAUG: DUE PROCESS

DUMAUG: DUE PROCESS

Print Due Process

Print Due Process

Due Process[1]

Due Process[1]

Civil Due Process, Criminal Due Process

Civil Due Process, Criminal Due Process

Due process of law

Due process of law

DUE PROCESS

DUE PROCESS

Due Process and Lethal Confinement - Law Schoollaw.vanderbilt.edu/files/publications/dayan-colin-due-process-and... · Due Process and Lethal Confinement ... The redefinition ...

Due Process and Lethal Confinement - Law Schoollaw.vanderbilt.edu/files/publications/dayan-colin-due-process-and... · Due Process and Lethal Confinement ... The redefinition ...

Due Process Kathleen S. Whittier. 200.5 Due process procedures.

Due Process Kathleen S. Whittier. 200.5 Due process procedures.

Substantive Due Process

Substantive Due Process

Section 1 Due Process of Law 2 due process guarantees: Procedural & Substantive Due Process Definitions are vague.

Section 1 Due Process of Law 2 due process guarantees: Procedural & Substantive Due Process Definitions are vague.

Deportation without Due Process

Deportation without Due Process

Procedural due process

Procedural due process