U6L4: Due Process of Law
Ninth Amendment
"The enumeration in this Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Eighth Amendment - Atkins v. Virginia (2002)
Daryl Atkins was convicted of abduction, armed robbery, and capital murder. During the trial, a witness for the defense testified that Atkins was "mildly mentally retarded." The jury sentenced him to death. The case came before the Supreme Court in order to decide whether executing a mentally disabled person violates the Cruel and Unusual Clause of the Eighth Amendment. The Supreme Court said it did. Executing mentally disabled criminals is unconstitutional.
Sixth Amendment - right to counsel
Gideon v. Wainwright (1963) In 1961, a Florida court found Clarence Earl Gideon guilty of breaking and entering and sentenced him to five years in prison. Gideon appealed his case to the Supreme Court on the basis that he had been unconstitutionally denied counsel during his trial due to Florida's policy of only providing appointed counsel in capital cases. The court granted Gideon a new trial, and he was found not guilty with the help of a court-appointed attorney. The Gideon Rule upheld the Sixth Amendment's guarantee of counsel of all poor persons facing a felony charge, a further incorporation of Bill of Rights guarantees into state constitutions.
Eighth Amendment - Roper v. Simmons (2005)
In 1993, at the age of 17, Christopher Simmons and a friend broke into a woman's home, tied her up, and then threw her off a bridge. The jury sentenced him to death. The case came before the Supreme Court on the grounds that executing a minor violated the Cruel and Unusual Clause of the Eighth Amendment. The Supreme Court found that it did. Executing criminals who committed their offense under the age of 18 is unconstitutional.
Which of the following are reasons why Madison supported the ratification of the Constitution in the Federalist Papers?
competent representation in government; checks and balances
In whatever it does, government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, or unreasonably." To what does this quote refer?
due process
Fifth Amendment
grand jury requirements; double jeopardy prohibited; protection against self-incrimination; due process
procedural due process
has to do with the how (the procedures, the methods) of governmental action.
Substantive due process
involves the what (the substance, the policies) of governmental action.
Fourth Amendment
prohibits unreasonable search and seizure; probable cause required for warrants; warrants must include details about place to be searched and persons/things to be seized
Eighth Amendment
protected from excessive bail and fines; prohibits cruel and unusual punishment
Which of the following are examples of civil liberties?
protesting on a busy street; not incriminating yourself in court
Sixth Amendment
right to a speedy and public trial ; jury of peer; informed of charges ; confront witnesses; assistance of counsel
Name two protections afforded those accused of crimes.
right to counsel; protection from unreasonable search and seizure; protection from self-incrimination; right not to be executed if you were a minor when you committed the crime
The decision in Roe v. Wade was based upon which of the following rights?
right to privacy
Seventh Amendment
right to trial by jury in common law cases
Fourth and Fourteenth Amendments - protection from unreasonable search and seizure
Mapp v. Ohio (1961) Admitting evidence gained by illegal searches was permitted by some states before Mapp. Cleveland police raided Dollree Mapp's home without a warrant and found obscene materials. She appealed her conviction, saying that the Fourth and Fourteenth Amendments protected her against improper police behavior. The court agreed, extending "exclusionary rule" protections to citizens in state courts, saying that the prohibition against unreasonable searches would be "meaningless" unless evidence gained in such searches was "excluded." Mapp developed the concept of "incorporation" begun in Gitlow v. New York, 1925.
Fifth, Sixth, and Fourteenth Amendments - right to counsel and protection against self-incrimination
Miranda v. Arizona (1966) Arrested for kidnapping and sexual assault, Ernesto Miranda signed a confession, including a statement that he had "full knowledge of [his] legal rights. . . ." After conviction, he appealed, claiming that without counsel and without warnings, the confession was illegally gained. The court agreed with Miranda that "he must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to. . . an attorney and that if he cannot afford an attorney one will be appointed for him. . . ." Although later modified by Nix v. Williams, 1984, and other cases, Miranda firmly upheld citizen rights to fair trials in state courts.
What is the difference between substantive and procedural due process?
Procedural due process addresses the methods of government—how the government must be fair in its actions. Substantive due process addresses the meaning of a law or action; the meaning of the law must be constitutional.
What is the difference between the Due Process Clause in the Fifth Amendment and the Due Process Clause in the Fourteenth Amendment?
The Due Process Clause in the Fifth Amendment limits the actions of the federal government. The Due Process Clause in the Fourteenth Amendment limits the actions of state and local governments.
Which of the following are examples of a violation of procedural due process?
The police conduct a search of someone's home without a warrant; A woman is arrested but is not informed of the charges against her.
Why is the Supreme Court has Snyder v. Phelps an example of competing rights?
The right to privacy and speech causing emotional distress cam into conflict with the freedom of speech.
right to privacy
your right to have your personal information kept out of public scrutiny.
