Due Process Rights
1. Due Process of Law: The Constitution guarantees you
certain rights that protect you from being treated
unfairly by the government
a. 5th Amendment: Prohibits national government
from violating due process rights
b. 14th Amendment: Prohibits state and local
government from violating due process rights
2. Your due process rights come from the ___________.
a. Writ of habeas corpus-police bring you to a judge
b. No search and seizure-police need a warrant
c. No self incrimination-right to remain silent
d. No double-jeopardy-you can’t be charged twice
with the same crime
e. Right to a lawyer-state pays for one if you can’t
f. Impartial Jury-12 unbiased people hear evidence
and decide if you’re guilty or innocent
g. No cruel and unusual punishment
h. No excessive bail-the bail money a person has to
pay must fit the crime
Under 18 and in Jail: What do I do?
1. Juvenile: Person who is not legally an adult
2. When a juvenile commits a crime their case goes to
_________________. Two most common cases:
a. Delinquency
b. Neglect
3. Process
Sentencing:
Arrest: Police must inform parents
Detention Hearing: Judge decides if the child has to
stay in custody or be released
*Judge can go easier
on kids
*If it is a serious crime
judge can try them as
an adult
Trial: Judge hears witnesses and reviews evidence
*NO JURY