Due Process Quiz Prep :)

Procedural Due Process

"Rules" the government must follow if they want to accuse, try, and punish you for a crime.

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario?

4th Amendment

What two amendments are Miranda Rights most applicable to?

5th and 6th Amendments

What Amendment is the death penalty most related to?

8th Amendment (cruel and unusual punishment)

Exclusionary Rule

A law that prohibits the use of illegally obtained evidence in a criminal trial.

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government. Incorporated 6th Amendment into the state government (right to an attorney).

Most relevant to Supreme Court case Roe v. Wade.

Due Process Clause

Supreme Court's Interpretation of 14th Amendment

Due process clause makes most rights contained in the Bill of Rights applicable to states.

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. What prevents the drugs from being used as evidence at trial?

Exclusionary Rule

"In our adversary system of criminal justice, any person haled into court who is too poor to hire a lawver, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth... The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but His in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards desianed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him -Justice Hugo Black, 1963

Gideon v. Wainwright

Substantive Due Process

If the government passes a law that takes away life, liberty, or property-It must be justified by a significant and legitimate interest.

5th Amendment

National government can't deprive you of life, liberty, or property without due process of law. The Right to Remain Silent/Double Jeopardy, right to due process. Forced to stand trial only if indicted by a grand jury. (ex: Miranda v. Arizona>>Miranda Rights)

14th Amendment

Nationalized the bill of rights to states. State government can't deprive you of life, liberty, or property without due process of law. Requires State governments to guarantee due process rights; also guarantees equal protection of the law. Basis for the Brown v. Board (1954) ruling that made segregation illegal.

8th Amendment

No cruel or unusual punishment. If found guilty, government cannot impose excessive fines or cruel and unusual punishment.

4th Amendment

Protection against Unreasonable Search and Seizure. Law enforcement cannot search you or your property without a warrant (except under certain circumstances).

6th Amendment

The right to a fair and speedy trial. Guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person cannot afford one, and the chance to confront witnesses for and against the defendant of a crime.

In which would the Supreme Court utilize the doctrine of selective incorporation?

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state.