Due Process, Equal Protection & the 14th Amendment

E.Q. Why is due process an important concept regarding our civil liberties?

What is Due Process?• “Due Process” - every citizen must be treated

fairly and equally before the law• 5th amendment

• The Federal Government cannot take away life, liberty, or property without following the steps of the law.

• 14th – Same steps of law must be taken by state and local

governments. (Bill of Rights, especially 5th are incorporated into the 14th amendment)

What are the Rights of the Accused

• Before a student gets suspended, they have a right to know the accusations.

• Students are not entitled to a lawyer or to call witnesses.

Two Types of Due Process

• Procedural– The how

• Methods of government action• Police have to treat everyone fairly

• Substantive– The what

• Policies of government action• Laws have to be fair

Procedural (methods) Example

• Rochin v. California (1952)• Narcotics dealer• LA county sheriffs acted on a tip• Busted down the door• Rochin quickly swallowed two capsules• Officers has his stomach pumped at the hospital• 2 Morphine capsules.• Did Rochin receive due process?

Rochin v. California

• “This is conduct that shocks the conscience. Illegally breaking into the privacy of the accused, the struggle to open his mouth and remove what was there, the forcible extraction of the stomach’s contents—this course of proceedings by the agents of the federal government to obtain evidence is bound to offend even hardened senses. These methods are to close to the rack and screw…”

Substantive (policies)Example

• Peirce v. Society of Sisters (1925)• Oregon law state that public school was

required from ages 8-16• The goal was to force private and catholic

schools out of the state.• The law wasn’t enforced unfairly, but the

policy itself was unconstitutional

How else am I protected?

• Ex Post Facto laws may not be passed by Congress or the President after you commit a crime.• If you were chewing gum last week and

an anti-gum law was passed yesterday, you could NOT be charged with a crime.

Search and Seizure–4th Amendment: Protects you from

“unreasonable search and seizure”. - Officers MUST have a warrant in order to search

you/your property, seize evidence, or make an arrest.•

– Terms to know: – Probable Cause - reasonable suspicion of criminal

behavior. It is necessary in before police can get a warrant.

– Exclusionary Rule – illegally seized evidence cannot be used in a court of law

When don’t they need a warrant?• If you are being lawfully arrested and the officer finds a

weapon/evidence while arresting you, a specific warrant is not needed for the weapon.

• If an illegal object is in “plain view” of an officer

• If you are in a vehicle – they only need “probable cause”• If you give the officer consent to search.• If you are at school – the search can be based on “reasonableness” and not necessarily on “probable cause.”

•“Toy gun mistaken for a real gun”• When they are in “hot pursuit” of a fleeing suspect.• If they are using the “stop and frisk” method to investigate a person’s “suspicious behavior” in public.

The Trial5th Amendment:• Protects against self-incrimination• You do not have to testify at your trial against yourself

• Protects you from double jeopardy• Cannot be tried for same trial twice

6th Amendment: •Guarantees a speedy and public trial•Guarantees impartial jury of your peers•Guarantees your right to an “adequate defense”•Good/prepared attorney

•Right to attorney

Miranda Rights

You MUST be read your “Miranda Rights”• Right to remain silent• Anything you say can be used against you in court• Right to an attorney and to have them present during

questioning• If you cannot afford an attorney, one will be provided for

you (6th amendment)

You must be told of charges - if you aren’t, you can request a writ of habeas corpus. The judge will make the officers explain why you should not be released. (6th amendment)

The Punishment8th Amendment • No excessive bail• No cruel and unusual punishment• Capital Punishment/Death Penalty?

Video: Rachel Hoffman’s Story (20mins)http://www.youtube.com/watch?v=euhN57b2Ayg

Rachel Hoffman’s Story

1. Did the police need a warrant the first time Rachel got arrested? Why or why not?2. Did the police need a warrant the second time Rachel got arrested? Why or why not?3. Why should Rachel have demanded a lawyer’s presence EVERY TIME she dealt with the police? 4. Explain what the police should/could have done differently in this case in order to ensure justice and protect the rights of the accused. 5. Is there anything else Rachel could have done to protect herself legally and/or physically?