Due Process and Civil Liberties

Amendments Chart and Due Process Overview

  • Amendments Chart: A foundational document in understanding the rights and responsibilities under the U.S. Constitution. This chart provides a summary of the various amendments that relate to civil liberties and due process.

  • Due Process: A critical legal principle that ensures fair treatment through the normal judicial system. This includes both substantive and procedural elements.

    • Substantive Due Process: Refers to the fundamental fairness in the substance of laws themselves. It examines whether the law's content is justified or lawful.

    • Procedural Due Process: Involves the methods and processes of enforcement of laws. It ensures that legal proceedings are conducted fairly and that individuals are given a proper hearing.

Vocabulary List: Key Terms Related to Civil Liberties

  1. Writ of Habeas Corpus: A legal request requiring a person under arrest to be brought before a judge, allowing the court to assess whether the detention is lawful.

  2. Bail: A specified sum of money required for the release of an accused person awaiting trial, aimed at ensuring their return for court proceedings.

  3. Grand Jury: A group that examines whether there is enough evidence to charge a person with a crime, determining if a case should proceed to trial.

  4. The Exclusionary Rule: A legal principle stating that evidence obtained in violation of a defendant's constitutional rights cannot be used in court.

  5. Double Jeopardy: A legal doctrine that prevents an individual from being tried for the same crime more than once after a verdict has been reached.

  6. Miranda Rights: The rights read to an individual upon arrest, which include the right to remain silent and the right to an attorney, ensuring they understand their legal protections.

  7. 2nd Amendment: Constitutional provision that affirms the right to bear arms.

  8. 4th Amendment: Protects individuals from unreasonable searches and seizures, stipulating that warrants must be issued based on probable cause.

  9. 5th Amendment: Ensures protection against self-incrimination and double jeopardy; also mandates due process at the national level.

  10. 6th Amendment: Guarantees accused individuals the right to legal counsel and a fair and speedy trial.

  11. 7th Amendment: Affirms the right to a jury trial in civil cases.

  12. 8th Amendment: Prohibits cruel and unusual punishment and excessive bail.

  13. 9th Amendment: Affirms the existence of additional rights beyond those explicitly stated in the Constitution.

  14. 14th Amendment: Incorporates due process protections at the state level, critical in landmark cases such as Roe v. Wade regarding reproductive rights.

Landmark Cases Relevant to Due Process

  1. Roe v. Wade (1973): Established the constitutional right to abortion under the right to privacy, emphasizing due process concerns.

  2. Dobbs v. Jackson (2022): Overturned Roe v. Wade, reflecting changes in the interpretation of due process concerning reproductive rights.

  3. Furman v. Georgia (1972): Declared the death penalty unconstitutional in certain contexts, emphasizing the need for fair application of laws and due process rights.

Study Guide: Protections for the Accused

  • Identify protections available to individuals accused of crimes. Recognize the different standards of proof the government must meet:

    • Reasonable Suspicion (RS): A lower standard of proof required in certain scenarios.

    • Probable Cause (PC): A higher standard of proof necessitated for more severe actions like arrests or obtaining warrants.

    • No Standard (N): Situations where searches can occur without any specific level of suspicion, often referred to as unreasonable or suspicionless searches.

Scenarios and Legal Standards

  • Search a cell phone: PC

  • Pull over a driver: RS

  • Look in a car window: N

  • Obtain a search warrant: PC

  • Make an arrest: PC

  • Stop and frisk (“Terry search”): RS

  • Search a student (principal): RS

  • Search a student (School Resource Officer): PC

  • Search a student athlete via a drug test: N

  • Search a student via breathalyzer at a football game: N

Learning Objectives Related to Civil Liberties

  1. Understanding Amendments: Explain the various amendments that protect individuals from government overreach and the circumstances under which exceptions may apply.

  2. Due Process of Law: Describe the implications of Due Process of Law and its foundational role within the “incorporation clause” of the 14th Amendment.

  3. Rights of the Accused: Detail the due process rights that are afforded to individuals accused of criminal activity, ensuring clarity on their legal protections under the Constitution.