Due Process
Course
Court
Systems
and
Practices
Unit XI
Trial
Essential
Question
What
fundamental
due process
rights are
guaranteed
to those
accused of a
crime during
the trial and
sentencing
process?
TEKS
§130.296(c)
(5)(F)(G)
Prior
Student
Learning
Relationship
of the U.S.
Constitution
and the
court system
and trial
process,
knowledge
of the steps
in the trial
process
Estimated
Time
2 hours
Rationale
Due process is imperative in the trial and sentencing process. If any of the due
process rights are withheld, the trial process is tainted and violates the U.S.
Constitution. It is essential that students understand these due process rights.
Objectives
The student will be able to:
1. Define key terms
2. Describe the due process rights of a criminal suspect in the trial and
sentencing process
3. Explain the impact of the Fifth and Sixth Amendments on the criminal trial
process
Engage
Class Debate – assign students to a position and have them develop arguments
for their side. Students will present their arguments against an opposing team
member. The class will decide who has the better argument. Use the Debate
Rubric to assess student learning. Use the following question and positions:
 Which is fairer?
o A system of rules so strict that a few innocent people get unfairly
punished
o A system so lenient that a few guilty people go unfairly unpunished
Key Points
I. Definitions
A. Due Process – an established course for judicial proceedings or other
governmental activities designed to safeguard the legal rights of
individuals (14th Amendment)
1. Substantive due process – the government cannot make laws that
apply to situations in which the government has no business
interfering, such as privacy, marriage, or travel
2. Procedural due process – the government must use fair procedures
in fulfilling its responsibilities. Procedures used by the government
must be reasonable and consistent. The powers of government are
limited
II. Due Process Rights During Trial and Sentencing
A. Writ of Habeas Corpus (Article I, section 9 of the Constitution)
1. A directive from a court requiring the government to justify the
imprisonment of a citizen
2. The government has the burden of proof to justify arrest and
detention in a crime
3. Individuals convicted, even though they profess their innocence or
that they had a tainted trial, can request the habeas corpus privilege
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B.
C.
D.
E.
F.
G.
H.
and may demand that the government justify their confinement
4. A review of court records and evidence may be conducted in order
to determine if a violation has occurred
Trial by Jury (Article III and the Sixth Amendment)
1. Persons charged with a crime have the right to allow citizens to
determine their guilt or innocence
2. Federal cases must have an indictment from a Grand Jury in order
to pursue a criminal trial
3. The jury protects persons charged with a crime from corruption
within the system
4. Persons charged with a crime can waive their right to a trial by jury
a. The request must be in writing
b. The request must be in open court
c. If the death penalty is not sought
5. Blanton v. Las Vegas (1989) ruled that only those crimes considered
as “serious crimes” justified a jury. Crimes that carry a penalty of
$500 or more, or six months in jail are considered “serious”
6. A Grand Jury is a panel of 12 jurors that decide whether or not there
is enough evidence to go to trial
Self-Incrimination (Fifth Amendment)
1. A person does not have to give testimony if he or she has a
legitimate concern that the testimony will contribute to his or her
conviction of the crime
2. Miranda v. Arizona states that persons arrested must be “read their
rights” prior to interrogation about a particular crime
Double Jeopardy (Fifth Amendment)
1. “No person shall be subject for the same offense to be twice put in
jeopardy”
2. Exceptions to Double jeopardy
a. The defendant challenges the conviction on appeal and a new
trial is granted
b. The defendant can be held liable in both criminal and civil
courts
c. The defendant can be tried at both the state and federal levels
Speedy Trial (Sixth Amendment) – the trial must be held as soon as
possible; a person cannot be held for long periods without a trial
Confrontation and compulsion of witnesses (Sixth Amendment)
1. Those accused of a crime have the right to confront those witnesses
that will testify against them
2. Those accused of a crime have the right to compel witnesses to
testify on their behalf
Impartial Jury (Sixth Amendment) – you must be tried in the jurisdiction
where the crime was committed, unless you can show that the citizens in
that jurisdiction are prejudiced
Informed of Nature and Cause of Accusation (Sixth Amendment) – the
accused has the right to know what they are being charged with
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I. Public Trial (Sixth Amendment) – the trial must be open to the public and
a public record must be maintained
J. Appointment of Counsel (Sixth Amendment) – those accused of a felony
crime will be appointed an attorney if they cannot afford one
K. Excessive Bail or Fines, and Cruel and Unusual Punishment (Eighth
Amendment)
1. Penalties can be fines or incarceration, but not excessively painful or
physically harmful
2. Cruel and unusual punishment has been expanded to include
unsanitary and inhumane conditions of confinement
3. Punishment for the crime must be proportionate
4. Limits judges, congress, and legislatures from assessing excessive
fines and punishment
5. The right to bail allows suspects freedom while they are preparing
their case
6. Bail keeps the accused from staying in jail prior to a determination of
guilt
III. Sentencing
A. Courts must follow the guidelines established through statutes and
legislation when imposing a sentence
B. The discretion of a judge is limited by due process rights. Due process is
denied if a judge gives a longer sentence in a second trial than was given
in the original trial
Activities
5th and 6th Amendment Essay. Have students write an essay explaining the
impact of the Fifth and Sixth Amendments on the criminal trial process. They may
use the information contained in this lesson for their factual basis. You may also
present them with a copy of the Bill of Rights. The essay must include all of the
rights covered under these amendments that apply to the criminal trial process.
Students must also discuss what the criminal trial process would look like without
these due process rights. Use the Essay Rubric for assessment.
Assessments
Due Process Exam and Key
Debate Rubric
Essay Rubric
Presentation Rubric
Research Rubric
Materials
Due Process computer-based presentation
Note book paper
Pens
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Resources
Civic Library of the Missouri Bar
http://members.mobar.org/civics/DueProcess5th.htm
California State University http://faculty.ncwc.edu/mstevens/410/410lect06.htm
U.S. Constitution, Bill of Rights
Do an Internet search for: this nation bill of rights accused.
Accommodations fo
Accommodations for Learning Differences
For reinforcement, students should research Supreme Court cases that deal with
Due Process rights and write an essay on how the trial process was impacted
from that case. Use the Essay Rubric and the Research Rubric as needed for
assessment.
For enrichment, students will research due process rights of two countries other
than the United States. Students will then make a poster comparing and
contrasting the United States due process rights with those of the two other
countries. Students will then present their findings to the class. Use the
Presentation Rubric and the Research Rubric as needed for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(5) The student explains the structure and provisions of the United
States Constitution and the Bill of Rights and how they impact the
criminal trial process. The student is expected to:
(F) describe the due process rights of a criminal suspect in the trial
and sentencing process; and
(G) explain the impact of the fifth and sixth amendments on the
criminal trial process
College and Career Readiness Standards
English/Language Arts Standards
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
1. Determine effective approaches, forms, and rhetorical techniques
that demonstrate understanding of the writer’s purpose and
audience.
2. Generate ideas and gather information relevant to the topic and
purpose, keeping careful records of outside sources.
3. Evaluate relevance, quality, sufficiency, and depth of preliminary
ideas and information, organize material generated, and formulate a
thesis.
4. Recognize the importance of revision as the key to effective
writing. Each draft should refine key ideas and organize them more
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logically and fluidly, use language more precisely and effectively,
and draw the reader to the author’s purpose.
5. Edit writing for proper voice, tense, and syntax, assuring that it
conforms to standard English, when appropriate.
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Name_____________________________________Date_______________________________
Due Process Exam
Match the due process right to the correct Constitutional Amendment.
1) _____ Due process in all court proceedings
2) _____ Reading of rights prior to interrogation
3) _____ Know nature of accusations
4) _____ Speedy Trial
a.
b.
c.
d.
5th amendment
6th amendment
8th amendment
14th amendment
5) _____ Public Trial
6) _____ Notice prior to proceedings
7) _____ Trial by Jury
8) _____ Compel witnesses to testify
9) _____ Fair hearing
10) _____ Cruel and unusual punishment
11) _____ Confrontation of Witnesses
12) _____ A directive from a court requiring the government to justify the imprisonment of a
citizen is which of the following?
a) Substantive due process
b) Procedural due process
c) Writ of habeas corpus
d) Due process
13) _____ In a trial by jury, the jury’s role is to
a) Present the evidence
b) Determine guilt or innocence
c) Protect the accused from a corrupt system
d) Consider only serious crimes
14) _____ In Blanton v. Las Vegas a serious crime is defined as
a) Fine of $500 or six months in jail
b) A felony
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c) A misdemeanor
d) Fine under $500
15) _____ A person is required to testify in a trial unless
a) They can plead the "5th" for any reason
b) They were not given the Miranda warning
c) They don't want to
d) They believe their testimony will help convict them
16) _____ Which of the following is not an exception to double jeopardy?
a) To be subject to the same offense twice
b) Tried at federal and state level
c) Appeal conviction and a new trial is granted
d) Tried in criminal and civil courts
17) _____ Which of the following is true regarding cruel and unusual punishment?
a) Punishment and crime are proportionate
b) Punishment is painful
c) Lethal injection is deemed as cruel and unusual
d) Extended to include unsanitary and inhumane conditions
18) _____ An established course for judicial procedures or other governmental activities
designed to safe guard the legal rights of individuals is which of the following?
a) Writ of habeas corpus
b) Due process
c) Substantive due process
d) Procedural due process
19) _____ Which of the following determines that the government must use fair procedures in
fulfilling its responsibilities?
a) Substantive due process
b) Due process
c) Procedural due process
d) Writ of habeas corpus
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20) _____ Which of the following describes how the government cannot make laws that apply
to situations in which the government has no business interfering?
a) Substantive due process
b) Procedural due process
c) Writ of habeas corpus
d) Due process
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Due Process Exam Key
1) D
2) A
3) B
4) B
5) B
6) B
7) B
8) B
9) B
10) C
11) B
12) C
13) B
14) A
15) D
16) A
17) D
18) B
19) C
20) A
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Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate, and thorough
Facts, statistics, and/or examples
used to support major points.
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
10
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Name________________________________Date_____________________________
Essay Rubric
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Assigned Topic
Essay is written using an
approved title.
Essay is not written using an
approved title.
N/A
The essay is clear and easily
read. At no time is the reader
wondering what the writer is
trying to say.
There are 0-1 spelling,
punctuation, or grammar
errors.
The essay is written using
Times New Roman size 12point font. All margins are one
inch and the essay is one full
page in length.
Some aspects of the essay are
unclear, and the reader is left
wondering what the writer is
trying to say.
There are 2-3 spelling,
punctuation, or grammar
errors.
Most aspects of the essay are
unclear, and the reader is left
wondering what the writer is
trying to say.
There are more than 3
spelling, punctuation, or
grammar errors.
One of the previously
described aspects is missing.
More than one of the
previously described aspects
is missing.
The essay was not turned in
on the date and at the time
specified. No extenuating
circumstances were
documented.
N/A
Organization
Mechanics
Presentation
Due Date and
Time
The essay is in on the date
and at the time specified or
extenuating circumstances
were documented.
Pts.
Total Points (15 pts.)
Comments:
11
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
12
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Name_______________________________________
Date_______________________________
Research Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Program Effectiveness:
Program selected has an effective rate
of completion. Most offenders do not
tend to reoffend.
Creativity:
Student was creative in selecting the
appropriate sentence for his or her
offender.
Appropriate sentencing:
Sentence was suited for the offense
and was very appropriate for the
offender.
Total Points (12 pts.)
Comments:
13
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