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SOL CE 8d. You will be able to demonstrate knowledge of the judicial system by explaining how DUE PROCESS protections seek to ensure (guarantee) justice. Terms to Know.
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SOL CE 8d • You will be able to demonstrate knowledge of the judicial system by explaining how DUE PROCESS protections seek to ensure (guarantee) justice.
Terms to Know • Due Process of the Law: the constitutional protection against unfair governmental actions and laws – requires government to treat all people equally
Due Process Protections • The right to due process of the law is outlined in the 5th and 14th amendments of the Constitution. • 5th amendment: Prohibits (stops) the national government from acting in an unfair manner • 14th amendment: Prohibits (stops) state & local governments from acting in an unfair manner • The Supreme Court has extended due process clauses to protect the guarantees of the Bill of Rights.
How do due process protections ensure (guarantee) justice?(Pages 103-106) • In some countries, government agents might ransack your home, drag you off to jail, beat you, and hold a trial without even letting you know what you might have done wrong! • In the U.S., your rights are protected in the fourth, fifth, sixth, and eighth amendments.
Fourth Amendment:“Search and Seizure” • Protects “against unreasonable searches and seizures” • Search warrant: court order issued by a judge allowing law enforcement officers to search your personal property, home, or business (must have probable cause or good reason)
Fifth Amendment:Self-Incrimination, Double Jeopardy, & Grand Juries • Protects the rights of people accused of crimes • No one can be put on trial without indictment (formal charge) by a group of citizens called a grand jury • Double Jeopardy – cannot be tried twice for same crime • You cannot be forced to testify against yourself • Due Process - legal procedures must be followed before government can take life, liberty, or property • Eminent Domain – government cannot take your property without compensation (paying you)
Sixth Amendment:Legal Counsel and Trials • You must be informed of the charges • You must be allowed a speedy public trial by a impartial (unbiased) jury • Trial must be held in area where the crime took place (if possible) • You must be allowed to hear and question all witnesses • You are entitled to a lawyer (legal counsel) and to call witnesses to defend you
Eighth Amendment:Punishment and Bail • Judge may set bail (sum of money used as a security deposit to guarantee you will show up for your trial) – if you pay it, you can be released from jail until your trial • Forbids (does not allow) “cruel and unusual punishment”
Miranda Rights (page 352) • Read “Americans in Action” on page 352