Due Process and Rights of the Accused
What are 3 scenarios where the government can conduct a warrantless search?
Consent: the person who is searched, or who is in control of property that is searched, agrees to the search Plain view: evidence of criminal activity can be observed by a police officer Safety checks: entry is made into premises to ensure that people inside are not in danger
5th Amendment
Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination
8th amendment
No cruel or unusual punishment
6th Amendment
The right to a fair/speedy trial by jury, representation by an attorney for an accused person
Exclusionary Rule
a law that prohibits the use of illegally obtained evidence in a criminal trial
Habeas Corpus
constitutional protection against unlawful imprisonment; a writ requiring a person under arrest to be brought before a judge or into court;
Gregg v Georgia
death penalty is constitutional; 8th and 14th amendment
Furman v Georgia
death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner"; 8th and 14th amendment
14th Amendment
declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Hamdi v Rumsfeld
enemy combatants in the US still have due process rights; 5th amendment
Mapp v Ohio
established the exclusionary rule; evidence seized illegally cannot be used in court; violated the 4th amendment
Due Process
government MUST treat you FAIRLY, Government cannot take your freedom or property without proving a good reason, Your right to life, liberty, and property cannot be taken away without due process; Protected by the 5th and 14th amendment.
Right to Counsel
individual right found in the Sixth Amendment that requires criminal defendants to have access to legal representation; an attorney
Substantive Due Process
judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from unjust state or federal laws; the government must create fair policies and laws
4th Amendment
requires police to have a warrant (or probable cause) to search our person or property, or to arrest us
Gideon v Wainwright
right to an attorney (6th amendment)
New Jersey v TLO
students may be searched without a warrant if there is "reasonable ground" for doing so; 4th amendment
Self Incrimination
testifying against oneself; 5th amendment protects against self-incrimination
Why is the due process clause of this amendment so important in terms of the Bill of Rights?
the Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause; due process deals with the administration of justice and acts as a safeguard from denial of life, liberty, or property by the government
Miranda v Arizona
the accused must be notified of their rights before being questioned by the police; 5th amendment
What is the key difference between the due process clause in the 5th amendment and the due process clause in the 14th amendment?
the difference is the 5th amendment protects the rights of someone who is suspected of a crime and the 14th amendment protects a citizen from unreasonable control by the government
Procedural Due Process
the government must employ fair procedures and methods; found in 5th and 14th amendment
Search and Seizure
the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment
Public Safety Exception
when public safety is in jeopardy, police may question a suspect in custody without providing the Miranda warnings