AP Gov Unit 3 Chapter 8 Due Process and Rights of the Accused

procedural due process

addresses the manner in which the law is carried out (the government must employ fair procedures and methods)

substantive due process

addresses the essence of a law, whether it violates a basic right to life, liberty, or property (the government must create fair policies and laws)

due process

fair treatment through the normal judicial system, especially as a citizen's entitlement (through the Fifth and Fourteenth Amendments)

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

exclusionary rule

evidence gained by police in violation of the Fourth Amendment cannot be used against the person from whom it was seized

Mapp v. Ohio (1961)

established the exclusionary rule was applicable to the states (obscene evidence found in Mapp's house was seized illegally and therefore could not be used to convict her)

New Jersey v. TLO (1985)

school administrators have a greater degree of leeway than police in conducting searches, so long as they have reasonable cause or suspicion (student purse was searched after being accused of smoking in the bathroom)

metadata

cell phone communication information (who is calling whom, when, and for how long)

Miranda v. Arizona (1966)

those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent (man was convicted of rape after he confessed to it under duress)

Fifth Amendment

protects the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law (+just compensation)

public safety exception

exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings on the basis of protecting the public safety

Gideon v. Wainwright (1963)

states must provide poor defendants an attorney to guarantee a fair trial (Sixth Amendment's right to counsel); man could not afford counsel and was convicted without a lawyer, court ruled against the state and stated that all states must pay for a public defender when a defendant cannot afford one

Griswold v. Connecticut (1965)

emphasized the right to privacy that is not stated in the Bill of Rights but is an inherent right (anti-birth control state statute violated the Constitution)

right to privacy

not stated in the Bill of rights, but a natural and inherent right to protection of the law against interference

Roe v. Wade (1973)

the right of privacy extends to a woman's decision to have an abortion, though the state has a legitimate interest in protecting the unborn after a certain point and protecting a mother's health (protected by implications in the 1st, 3rd, 4th, 5th, and 9th Amendments which create "zones of privacy")