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Due Process

Due Process. Amendments 4-8 & 14. What is Due Process?. The right to be treated fairly by the government Often involves trials and punishments for crimes. Two Types of Systems. Inquisitorial (Other Countries). Adversary (U.S.). You are assumed guilty

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Due Process

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  1. Due Process Amendments 4-8 & 14

  2. What is Due Process? • The right to be treated fairly by the government • Often involves trials and punishments for crimes

  3. Two Types of Systems Inquisitorial (Other Countries) Adversary (U.S.) • You are assumed guilty • You are questioned by a judge until you can prove your innocence • You are innocent until proven guilty • Two sides argue a point • One side (Plaintive) tries to prove the defendant is guilty • Other side (Defendant-accused of crime) defends his innocence

  4. Amendment 4 • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” • The right to a search warrant • The government has to have a warrant to search or take any of your property • Must have probable cause • Probable Cause: reasonable belief someone has committed a crime

  5. Amendment 5 • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." • Part 1: • You have the right to remain silent • You don’t have to say anything that may proof your guilt or be used against you in court • “I plead the 5th” • Part 2: • Double Jeopardy • You can not be punished for the same crime twice

  6. Amendment 5 • Part 3: • Eminent Domain-you must be paid for the taking of your private property

  7. Amendment 6 • Part 1: • Right to a fast trial • Part 2: • Public Trial • Part 3: • Right to jury of your peers (people like you)

  8. Amendment 6 • Part 4: • Tried in state you committed the crime • Part 5: • Must be told your crime • Part 6: • Can have witnesses for and against you • Part 7: • Right to a Lawyer

  9. Amendment 7 • You have the right to a trial by jury for a civil case over $20 • In other words you can sue someone for damages valued over $20

  10. Amendment 8 • Part 1: • No excessive bail • Bail: money you can pay to temporarily be freed from jail but you must show up for court • Part 2: • No cruel or unusual punishment

  11. Amendment 14 (1868) • Everyone has the right of equal protection under the law “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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