Due Process

1
Due Process

• Amendments
• 4 5 6 7 8 14

2
What is due process?

• Due process, for the people of the United States,
  refers to
• how laws are enforced
• why laws are enforced
• due process applies to all persons
• citizens, immigrants or aliens
• as well as to corporations.

3
What does the term due process mean?

• (law) the administration of justice according to
  established rules and principles based on the
  principle that a person cannot be deprived of
  life or liberty or property without appropriate
  legal procedures and safeguards

4
What parts of the Constitution guarantee citizens
due process?

• Amendments
• 4
• 5
• 6
• 7
• 8
• 14

5
Amendment 4

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

6
Amendment 5

• 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, or
  in the Militia, when in actual service in time of
  War or public danger nor shall any person nor
  shall be compelled in any criminal case to be a
  witness against himself, nor be deprived of life,
  liberty, or property, without due process of law
  nor shall private property be taken for public
  use, without just compensation.

7
Amendment 6

• 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 where
  in the crime shall have been committed, which
  district shall have been previously ascertained
  by law, and to be informed of the nature and
  cause of the accusation to be confronted with
  the witnesses against him to have compulsory
  process for obtaining witnesses in his favor, and
  to have the Assistance of Counsel for his
  defense.

8
Amendment 7

• In Suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved, and no
  fact tried by a jury, shall be otherwise
  re-examined in any Court of the United States,
  than according to the rules of the common law.

9
Amendment 8

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

10
Amendment 14

• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  State wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any State deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.

11
Due Process

• The reference in the 5th Amendment applies only
  to the federal government and its courts and
  agencies.
• The reference in the 14th Amendment extends
  protection of due process to all state
  governments, agencies, and courts.

12

• Generally, due process guarantees the following
• right to a fair and public trial conducted in a
  competent manner
• right to be present at the trial
• right to an impartial jury
• right to be heard in one's own defense
• laws must be written so that a reasonable person
  can understand what is criminal behavior

13
Writing Activity

• Using the slide that explained the guarantees of
  due process to write an essay explaining what
  amendments give citizens these rights of due
  process.