Last Unit: Due Process
Everyone must be treated fairly under the lawSubstantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The How” – Laws must be applied to all fairly
4th AmendmentNo unreasonable searches and seizures To search property, police need
Probable CauseA warrant from judge
Exclusionary Rule – evidence obtained illegally can’t be used in court
Exceptions to needing a warrant1. Plain view2. If person will escape, destroy
evidence or harm others3. Customs officials (MTA & TSA)
don’t need warrants or probable cause
On The street
On the streetTerry v Ohio“Stop and Frisk” in NYC
In School New Jersey v TLO
CarsDriving vs. Parked
Supreme Court Cases1. Michigan Department of State
Police v Sitz – DUI checkpoints2. Minnesota v Carter – peaking in
homes3. California v. Ciraolo – aerial search4. Maryland v Garrison – “good faith”5. Tennessee v. Garner - lethal force6. Minnesota v. Dickerson - patdowns7. Vernonia School District v Acton –
school8. Kyllo vs US – thermal heat scans9. US v Sokolov – shady airport acts10. Alabama v White – anon tipsters
Your task:1.Act out the case2.Explain the Supreme Court’s ruling --- don’t explain the lower court rulings
5th Amendment Right to a Grand Jury – For felonies
IndictmentProtects against self-incrimination
If refuse and must - “contempt of court”Some given immunity (immune from charges)
Rochin v California – “reasonable physical exams”No Double Jeopardy – Can’t be tried twice for same crime
6th Amendment Speedy and public trialRight to confront witnessImpartial jury
Steps towards Jury DutySummons, Questionnaire, Voir Dire, Preemptory Strikes
Right to a Lawyer…during…Powell v. Alabama (‘32) –Capital Case = death penaltyGideon v. Wainwright (‘63) –in all casesEscobedo v. Illinois (’64) - interrogation Miranda v. Arizona (‘66) – read rights
8th AmendmentNo excessive bailNo cruel and unusual punishment – crime must match the sentence Death Penalty – Furman v. Georgia (1972) and Gregg v. Georgia (1976)Other cases
Mentally retardedJuvenile Death Penalty
9th and 14th Amendment9th –Right to Privacy
3 Zones: Thoughts and beliefsPersonal information Family and relationships
Sexuality & 9th Griswold v. Connecticut Lawrence and Garner v. Texas Roe v. Wade and Restrictions
