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SOL CE 8d

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

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  1. 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.

  2. Terms to Know • Due Process of the Law: the constitutional protection against unfair governmental actions and laws – requires government to treat all people equally

  3. 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.

  4. 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.

  5. 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)

  6. 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)

  7. 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

  8. 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”

  9. Miranda Rights (page 352) • Read “Americans in Action” on page 352

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