Crash Course: Due Process of Law
What is substantive due process? Why do courts generally not uphold claims based on substantive due process?
-Is a blanket prohibition on government infringing on fundamental liberties. -The court's generally don't like to uphold claims based on substantive due process because then they'd have to define what it actually means
When dealing with due process, which amendment does the most heavy lifting? What does it state?
-The Fifth Amendment -No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces
How long can you be held before a "speedy" trial must take place? Why would someone waive their right to a "speedy" trial?
45 days in order to prepare a stronger defense
Which Constitutional Amendments are most closely aligned with due process?
5th and 6th amendments
What did the Fourteenth Amendment allow?
Allowed the court to incorporate the rights against the states over time.
Why must your trial take place in public?
Because transparency is supposed to make them work better
What is the second protection guaranteed by the Fifth Amendment?
Double jeopardy
How did Miranda's lawyer react? How did the court react?
He appealed calming that his 5th amendment rights were violated The court agreed and they went a bit further
What was Miranda never told about during his questioning? What did Miranda do during questioning?
His due process rights
What should you take away from the Miranda case?
If the police take you into custody or want to ask you a few questions you should ask if you are under arrest.
How does the just compensation clause of the Fifth Amendment protect citizens? What is this protection the basis of?
If the state takes away your property, say to build a freeway through your front yard, they can do it but they have to pay you for it
What does the first clause of the Fifth Amendment mean?
If you are charged with a crime you are entitled to a grand jury that must look at evidence and if thats enough to bring you to trial
Why do you have the right to know what you have been charged with?
If you didn't it would be pretty hard to put up a good defense
What does the Sixth Amendment state?
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district
Briefly explain the background of the Miranda case.
Miranda was arrested on suspicion of kidnapping and rape after being identified in a police line up. The police questioned him for two hours at the end of which he confessed to the crime.
Why is the Fourteenth Amendment so important in relation to criminal procedure?
Most of the time criminal cases are brought by state governments
Do all indictments result in a trial?
No, because people usually make plea deals
Why do you have the right to a jury of your peers? Must your trial have a jury?
So they aren't likely to convict you No
What does the Fifth Amendment state regarding military members and courts?
Soldiers and sailors who commit crimes get tried in Military courts
What was used to convict Miranda? What sentence did he receive?
The confession was the main evidence used to convict him and was sentenced to 20-30 years
What is procedural due process?
The court looks at whether the government acted properly in applying its power
What is probably the most important part of the Sixth Amendment? When does this clause apply?
The right to an attorney, in felony cases
What happens when the government follows the rules of procedural due process?
Then in general the courts will say that they didn't violate your due process rights
What does the Fourteenth Amendment state in regards to the individual states?
They can't deprive person of life, kill them, liberty, or property without due process of law
What happens if the grand jury believes there is enough evidence for a trial?
They issue an indictment
On the most basic level, what does due process mean?
To have a fair trial
Where should your trial take place? Does this always apply exactly?
Where you committed the crime No
What does the third clause of the Fifth Amendment state? What does it protect you from?
You can't be compelled to be a witness against yourself. Protection against self-incrimination
What warning comes from the famous 1966 case of Miranda v.Arizona?
You have the right to remain silent, anything you say may be used against you in a court of law.
What must the police do now? Why?
Your right to remain silent- so they don't incriminate yourself- and your right to an attorney
What are you allowed to do to the witnesses brought against you?
cross examine them
What is someone protecting themselves from when they "plead the fifth"?
from incriminating themselves
When does double jeopardy not apply?
when you are acquitted
