1 / 15

Protection of Liberties & Fair Trial

Protection of Liberties & Fair Trial. Due Process of Law (5 th Amend). Procedural Due Process: Govt must apply a law fairly Substantive Due Process: Whether a law is fair and reasonable. Due Process & States. 14 th Amendment Reconstruction Amendment Secures rights of freed slaves.

herman
Download Presentation

Protection of Liberties & Fair Trial

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Protection of Liberties & Fair Trial

  2. Due Process of Law (5th Amend) • Procedural Due Process: Govt must apply a law fairly • Substantive Due Process: Whether a law is fair and reasonable

  3. Due Process & States • 14th Amendment • Reconstruction Amendment • Secures rights of freed slaves http://images.google.com/imgres?imgurl=http://www.neilandsheri.com/images/14thamend1.gif&imgrefurl=http://www.neilandsheri.com/page2.html&usg=__9SuQ4hMWj6WI3uiFKn_XOqpNiws=&h=190&w=216&sz=7&hl=en&start=69&tbnid=mrqD1lC5FXZdoM:&tbnh=94&tbnw=107&prev=/images%3Fq%3D14th%2Bamendment%26start%3D54%26ndsp%3D18%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE-SearchBox%26rlz%3D1I7GWYA%26sa%3DN

  4. Govt Intrusion- 4th Amend • Search Warrant • Allows police to enter to search for specific items • Probable Cause • Reasonable grounds to believe serious crime has occured • Exclusionary Rule • Prevents intro of tainted evidence http://assets.dallas.org/guide_mx_migrant/27-search-warrant.jpg

  5. Govt Intrusion- 4th Amend • Search Warrant • Allows police to enter to search for specific items • Probable Cause • Reasonable grounds to believe serious crime has occured • Exclusionary Rule • Prevents intro of tainted evidence http://assets.dallas.org/guide_mx_migrant/27-search-warrant.jpg

  6. Circumstances a warrant is not needed: • “Hot Pursuit” • Area around a person from an arrest • Probable cause a person has or will commit a crime • Crime committed in the presence of an officer http://www.3dawards.org/2003/report/games/NFS01_HI.jpg

  7. Circumstances a warrant is not needed: • “Hot Pursuit” • Area around a person from an arrest • Probable cause a person has or will commit a crime • Crime committed in the presence of an officer http://www.3dawards.org/2003/report/games/NFS01_HI.jpg

  8. Not needed continued: • “Moveable scene of crime”- vehicle may have been used in crime • Trash left at the curb • Evidence in plain view http://images.google.com/imgres?imgurl=http://bp0.blogger.com/_MnVkSLDXckc/RmQQDYXVW0I/AAAAAAAAAAM/L4qC_huEaLY/s320/DSC01116.JPG&imgrefurl=http://www.rockvillecentral.com/2007/06/trash-day.html&usg=__LRq0lhtuz2sGtcO2GtPHRLjP3Rg=&h=240&w=320&sz=20&hl=en&start=22&tbnid=RH1oTZpVSuT9gM:&tbnh=89&tbnw=118&prev=/images%3Fq%3Dtrash%2Bday%26start%3D18%26ndsp%3D18%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE-SearchBox%26rlz%3D1I7GWYA%26sa%3DN

  9. Protection of Indiv. Liberties • Communication • Olmstead v. United States-1928 • wiretapping • Students Rights • New Jersey v. T.L.O.-1985 • “reasonable grounds” http://ecx.images-amazon.com/images/I/41B8T029BGL._SL500_AA240_.jpg

  10. Protection of Indiv. Liberties • Communication • Olmstead v. United States-1928 • wiretapping • Students Rights • New Jersey v. T.L.O.-1985 • “reasonable grounds” http://ecx.images-amazon.com/images/I/41B8T029BGL._SL500_AA240_.jpg

  11. Right to Fair Trial- 6th Amend • Speedy trial • Public trial • Trial by jury • Adequate defense • Inform of charges • ?? Winesses & present witnesses • Represent by counsel http://images.google.com/imgres?imgurl=http://www.lisd.net/curriculum/ss/sec/images/American%2520images/Constitution1.jpg&imgrefurl=https://eastchestermhs.wikispaces.com/Sixth%2BCaluri%2B4&usg=__NgzcqMl4FhawVySYOMvRaH0RhFs=&h=425&w=554&sz=71&hl=en&start=1&tbnid=zSL6TH86MSd4cM:&tbnh=102&tbnw=133&prev=/images%3Fq%3D6th%2Bamendment%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE-SearchBox%26rlz%3D1I7GWYA

  12. Right to Fair Trial- 6th Amend • Speedy trial • Public trial • Trial by jury • Adequate defense • Inform of charges • ?? Witnesses & present witnesses • Represent by counsel http://images.google.com/imgres?imgurl=http://www.lisd.net/curriculum/ss/sec/images/American%2520images/Constitution1.jpg&imgrefurl=https://eastchestermhs.wikispaces.com/Sixth%2BCaluri%2B4&usg=__NgzcqMl4FhawVySYOMvRaH0RhFs=&h=425&w=554&sz=71&hl=en&start=1&tbnid=zSL6TH86MSd4cM:&tbnh=102&tbnw=133&prev=/images%3Fq%3D6th%2Bamendment%26hl%3Den%26safe%3Dactive%26rls%3Dcom.microsoft:en-us:IE-SearchBox%26rlz%3D1I7GWYA

  13. Double Jeopardy • Cruel & Unusual Punishment- Capital Punishment • Constitutional since 1890 • Furman v. Georgia-1972 • Violated the 8th Amend. • Gregg v. Georgia-1976 • Juries must decide verdict, then penalty http://blog.kir.com/archives/Texas%20death%20chamber.jpg

  14. Double Jeopardy • Cruel & Unusual Punishment- Capital Punishment • Constitutional since 1890 • Furman v. Georgia-1972 • Violated the 8th Amend. • Gregg v. Georgia-1976 • Juries must decide verdict, then penalty http://blog.kir.com/archives/Texas%20death%20chamber.jpg

  15. Rights of the Accused: • Writ of Habeas Corpus • Bill of Attainder • Ex Post Facto laws • Grand Juries • Self-incrimination • Miranda Rights • Look these up!!!

More Related