Government – Libertyville HS

Due Process

What is Due Process? DP protects a person

from state / federal government from taking a person’s life, liberty or property without notice and a hearing

Due Process is part of the Fifth Amendment (federal government)

Due Process is also part of the Fourteenth Amendment

What is Due Process? What is “notice”?

The government must tell someone before it takes their property or liberty

Fundamental right – this MUST happen in a criminal or civil case

What is a “hearing”? The government must

give a person the opportunity to defend herself

What is Life, Liberty & Property? Life = government

lawfully executing a person

Liberty = government detaining or imprisoning a person FOR ANY REASON Stop on street Send to prison for life

Property = government taking your money or stuff

Due Process

The key to due process is making sure the

government treats people in a fundamentally fair way!

How Does Due Process Work? Step One: determine

interests of the government Ex 1– what are interests

of school when suspending someone? (discuss)

Maintaining a learning enviro

Safety of other students Ex 2 – what are interests

of government in a death penalty case? (discuss)

Punishing law breaker Preventing other serious

crime

How Does Due Process Work? Step Two: Determine how much “process” is

due in a given situation Due process is not rigid, but rather a flexible thing Depends upon situation Think of it as a balance between degree of loss of

person’s rights and importance of government’s interests

Let’s Practice!! Does a person have to talk with the police

at any time, in any situation? NO!

Never when conversation may implicate self in criminal activity (right against self incrimination)

If you are in custody, police must inform you of your constitutional right (1) to remain silent & (2) of your right to an attorney before questioning

But… Always good to talk to facilitate government

interest in law enforcement! Your refusal to talk may lead police to

become suspicious…

Let’s Practice Some More! When may the police search my car?

Search accessible interior of car stopped for suspicious behavior

During arrest of person in a car (driver or passengers) may search accessible interior of car for safety and protection of police

“Inventory” search prior to impounding car (safety reasons)

If found pot in car, can be used as evidence BUT can’t open and search locked suitcase

Let’s Practice Just a Bit More! Can school officials search me or my

locker? Special responsibility that school has for all

students (education) Thus, schools have power to establish and enforce

rules to support a learning environment School officials act in place of parents (in loco

parentis); have obligation for safety, moral and educational development of students

School authorities have high interest in order, proper behavior

Students are usually minors w/o fully developed interests or rights

THUS – students have lower expectation of privacy while on school property

Let’s Practice Just a Bit More! So - Can school officials search me or

my locker? On school property, officials only have to

show “reasonable suspicion” (lower degree of certainty) to justify search

Regarding lockers… What is student’s expectation of privacy?

Did student provide own lock, or does school possess keys to open all lockers?

Did school state that lockers were not private student areas?