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Last Unit: Due Process

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. 4 th Amendment. No unreasonable searches and seizures To search property, police need

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Last Unit: Due Process

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  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 How” – Laws must be applied to all fairly

  2. 4th Amendment • No unreasonable searches and seizures • To search property, police need • Probable Cause • A warrant from judge • Exclusionary Rule – evidence obtained illegally can’t be used in court

  3. Exceptions to needing a warrant • Plain view • If person will escape, destroy evidence or harm others • Customs officials (MTA & TSA) don’t need warrants or probable cause

  4. On The street • On the street • Terry v Ohio • “Stop and Frisk” in NYC • In School • New Jersey v TLO

  5. Cars • Driving vs. Parked

  6. Supreme Court Cases • Your task: • Act out the case • Explain the Supreme Court’s ruling --- don’t explain the lower court rulings • Michigan Department of State Police v Sitz – DUI checkpoints • Minnesota v Carter – peaking in homes • California v. Ciraolo – aerial search • Maryland v Garrison – “good faith” • Tennessee v. Garner - lethal force • Minnesota v. Dickerson - patdowns • Vernonia School District v Acton – school • Kyllo vs US – thermal heat scans • US v Sokolov – shady airport acts • Alabama v White – anon tipsters

  7. 5th Amendment • Right to a Grand Jury – For felonies • Indictment • Protects 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

  8. 6th Amendment • Speedy and public trial • Right to confront witness • Impartial jury • Steps towards Jury Duty • Summons, Questionnaire, Voir Dire, Preemptory Strikes

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

  10. 8th Amendment • No excessive bail • No cruel and unusual punishment – crime must match the sentence • Death Penalty – Furman v. Georgia (1972) and Gregg v. Georgia (1976) • Other cases • Mentally retarded • Juvenile Death Penalty

  11. 9th and 14th Amendment • 9th –Right to Privacy • 3 Zones: • Thoughts and beliefs • Personal information • Family and relationships

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

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