* a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will...

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* Due Process of Law and the Steps in a Criminal Process

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Page 1: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*Due Process of Law and the Steps in a Criminal Process

Page 2: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*What is Due Process of Law?

*A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable or arbitrary.

Page 3: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

* Where did the concept of Due Process begin?

*Magna Carta

*1215

*King John signed it beginning the idea of everyone following the law (Rule of Law)

Page 4: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*Amendment 14

*Which Amendment not only gave the right of citizenship to former slaves but also states that everyone must be given equal protection under the law?

Page 5: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

Which Amendment gives the following rights?Indicted for a capital/serious crime by a grand jury.No double jeopardyCan’t be forced to testify against yourselfMust have DUE PROCESS OF LAWGovernment can’t take your land without compensation (Eminent Domain)*5th Amendment

Page 6: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*8th Amendment

*Which Amendment says no excessive bail or cruel or unusual punishment can be inflicted?

Page 7: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*4th Amendment

*Which Amendment says the police must name the place to be searched and person or thing to be seized.

Page 8: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*7th Amendment

*Which Amendment deals with civil cases and states you can request a jury trial if the amount exceeds $20?

Page 9: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*6th Amendment

*Which Amendment gives these rights?

*For a criminal trial*Speedy and public Trial

*Impartial Jury

*Know the charges against you

*Be Confronted by witnesses against you

*Be able to get your own witnesses

*Have an attorney

Page 10: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

* What do you have to have to get a warrant?

*Must show Probable Cause!

Page 11: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*Steps in Due Process

*Send a person to me

*Get a set of strips

*Wait until I tell you to start

*Glue the strips to a paper – in order

*Be the first to get it to me

Page 12: * A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity

*Send one person to me for a court case.

*You may use your book or PD to look up the following information.

*Record this information on a sheet of paper and be ready to present it

*Name of the case

*Year of the case

*What was the constitutional issue in the case?

*Which Amendment was part of this case?

*What was the decision in the case?

*A good website is OYEZ.COM

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