What is the difference between substantive due process and procedural due process?
Explain in your own words the idea of due process.
What are some rights you have that are not listed in the
Constitution?
Due Process
 The Constitution contains two due process clauses:
1.
The 5 th Amendment declares that the federal government cannot deprive any person of “life, liberty, or property, without the due process of law.” o No person shall be held to answer for a capital crime without the indictment of a Grand Jury. The Grand
Jury will decide if there is enough evidence for a trial. o No self-incrimination o No double jeopardy o If it is a hung jury (the jury can’t agree on a verdict) there is no jeopardy.
2.
The 14 th Amendment places the same restriction on the states and local governments. (the Bill of Rights applies against the National government only) o The Supreme Court has engaged in the process of incorporation, most of the guarantees in the Bill of
Rights are included in the 14 th Amendment’s Due
Process Clause.

Government must act fairly in whatever it does, government must act fairly and in accord with established rules.

The exclusionary rule states that evidence gathered as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.
9 th Amendment
• Declares that there are rights beyond those set out in the
Constitution. o Examples: The right of an accused person to not be tried on evidence that is unlawfully gained. o The right of a woman to have an abortion without undue interference by government.

Is capital punishment cruel and unusual?
Explain:
The death penalty, if fairly applied
is Constitutional.
What is the Supreme Court’s view of capital punishment?
Punishment
 The 8 th Amendment addresses the issue of punishment for crimes. It bans excessive bail and cruel and unusual punishment.
 Bail o A sum of money the accused will deposit with the court to ensure that he/she will appear in court at the proper time. o It allows the person to better prepare for trial outside of jail and the person should not be jailed until his/her guild is established. o Bail must bear a reasonable relationship to the seriousness of the crime. o There is no guarantee that a person will automatically be entitled to bail o It does guarantee that it will not be excessive.

Capital Punishment o Furman v. Georgia, 1972 – The Court ruled that the existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries. o Gregg v. Georgia, 1976 -- The Court ruled that the death penalty does not violate the Constitution.
Treason
 Treason against the United States is the only crime that is defined in the Constitution.
 Article III, Section 3 – Treason can only consist of two things:
1.
Levying war against the US
2.
Giving aid and comfort to the enemy
 No person can be convicted of treason unless on the testimony of two witnesses or a confession
 A person can only commit treason in a time of war.
 During peace a person can be found guilty of committing espionage or sabotage.

Most State constitutions also list treason as a crime. o John Brown was hanged as a traitor to Virginia after his raid on Harpers Ferry in 1859.