Study Guide: Bill of Rights and Due Process

Due Process of Law

A fundamental constitutional guarantee that ensures legal proceedings are fair, individuals receive notice and an opportunity to be heard before the government takes life, liberty, or property, and laws are not unreasonable, arbitrary, or capricious.

5th Amendment

Protects against deprivation of life, liberty, or property without due process (applies to the federal government).

14th Amendment

Extends due process protections to state governments.

Substantive Due Process

Ensures the laws themselves are fair.

Procedural Due Process

Ensures the government follows fair procedures when enforcing laws.

Police Power

The authority of the state to protect public health, safety, morals, and welfare.

Writ of Habeas Corpus

Prevents unlawful imprisonment; cannot be suspended except in cases of rebellion or invasion.

Bills of Attainder

Laws that inflict punishment without trial.

Ex Post Facto Laws

Laws that retroactively criminalize actions.

4th Amendment

Protection Against Unreasonable Searches & Seizures.

Warrant Requirements

Probable cause, oath, and specific details are required for a warrant.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

Inevitable Discovery

An exception to the exclusionary rule.

Right to Privacy

Protection from unwarranted governmental intrusion, supported by the 1st, 9th, and 14th Amendments.

Criminal Charges

Felony (>1 year jail/prison/death) requires Grand Jury indictment; Misdemeanor (<1 year jail) overseen by a judge.

Double Jeopardy Protections

Prevents multiple prosecutions for the same crime after acquittal, conviction, mistrial, or multiple punishments in one indictment.

Self-Incrimination Protection

Established in Miranda v. Arizona (1966).

6th Amendment

Rights in Criminal Prosecutions including Speedy and Public Trial, Trial by Jury, and Adequate Defense Rights.

7th Amendment

Right to Jury in Civil Cases applies to disputes exceeding $20.

Jury Verdict Finality

Courts cannot overturn a jury's finding of fact but may overturn a finding of law.

8th Amendment

Protection Against Excessive Punishment, ensuring no excessive bail or fines and no cruel and unusual punishment.

Case Example: Liebeck v. McDonald's (1994)

Famous hot coffee lawsuit.