Bellwork How would you explain the “separation of church and state” as defined by the 1st amendment? “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” NOTES: Rights of the Accused Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: Guarantees a _____________________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ Due Process – the law must treat every citizen fairly and equally (5th and 14th amendments) 5th Due Process amendment The Federal Government cannot take away life, liberty, or property without following the process of the law. 14th amendment Same process of law must be taken by state and local governments. Two Types of Due Process Procedural Due Process - the HOW Methods of government action Police have to treat everyone fairly Substantive Due Process – the WHAT Policies of government action Laws have to be fair The Crime The Investigation The Arrest The Trial The Punishment Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: Guarantees a _____________________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ The Crime • Laws will usually classify a crime as a misdemeanor or a felony. Misdemeanors are usually punishable by a fine or short jail sentence. • Ex Post Facto Laws: laws passed “after the fact” are unconstitutional. They would work to the disadvantage of the accused. o ex) If you were chewing gum last week and an anti-gum law was passed yesterday, you could NOT be charged with a crime. Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: Guarantees a _____________________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ The Investigation 4th Amendment: Protects you from “unreasonable search and seizure”. - Officers MUST have a warrant in order to search you/your property, seize evidence, or make an arrest. Terms to know: – Probable Cause - reasonable suspicion of criminal behavior. It is necessary in before police can get a warrant. – Exclusionary Rule – illegally seized evidence cannot be used in a court of law They don’t need a warrant to search: • If you are being lawfully arrested and the officer finds a weapon/evidence while arresting you, a specific warrant is not needed for the weapon. • If an illegal object is in “plain view” of an officer • If you are in a vehicle – they only need “probable cause” • If you give the officer consent to search. • If you are at school – the search can be based on “reasonableness” and not necessarily on “probable cause.” • When they are in “hot pursuit” of a fleeing suspect. • If they are using the “stop and frisk” method to investigate a person’s “suspicious behavior” in public. Search and Seizure Scenarios Read each scenario and answer the questions below it on the back of the ½ sheet of paper provided (the blank side). Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: Guarantees a _____________________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ The Arrest You MUST be read your “Miranda Rights” • Right to remain silent (5th A.) • Right to an attorney and to have them present during questioning (6th A.) You must be told of charges - if you aren’t, you can request a writ of habeas corpus. The judge will make the officers explain why you should not be released. (6th A.) Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: Guarantees a _____________________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ The Trial 5th Amendment: • Protects you from self-incrimination - you don’t have to testify against yourself. • Protects you from double jeopardy - you can’t be tried for the same crime twice. 6th Amendment: • Guarantees a speedy and public trial • Guarantees you will be judged by an impartial jury of your peers • Guarantees your right to an “adequate defense” Notes – Rights of the Accused Due Process - _____________________________________________________________ The Crime Crimes are usually classified as __________________________________________________ Ex Post Facto Laws: _________________________________________________________ The Investigation 4th Amendment: ____________________________________________________________ Probable Cause - ___________________________________________________________ Exclusionary Rule - __________________________________________________________ The Arrest You MUST be read your ______________________________________________________ The Trial 5th Amendment: No self-incrimination - _______________________________________________________ No double jeopardy - ________________________________________________________ 6th Amendment: guarantees a _________________________________________________ The Punishment 8th Amendment: ___________________________________________________________ The Punishment 8th Amendment • No excessive bail • No cruel and unusual punishment Search and Seizure Cases Reach each case description and complete the chart. Should the evidence or confession be allowed in court? Why/why not? Bellwork – Open Note Quiz Bill of Rights 1st Amendment Rights of the Accused Video Clips The Plea (Hurne, TX = 20mins) http://www.pbs.org/wgbh/pages/frontline/shows/p lea/view/ Rachael Hoffman: http://www.hulu.com/watch/167836/abc-brianross-investigates-fri-jul-30-2010 (20mins) http://www.msnbc.msn.com/id/21134540/vp/2881 0295#28810295 (6 parts, 7 mins each) Individual Rights or Common Good? Affect of 9/11 Mini-Task 2: For the article, list the needed bibliographic information. Example: Author(s). "Title of Article." Title of Periodical Day Month Year: pages. Medium of publication. Poniewozik, James. "TV Makes a Too-Close Call." Time 20 Nov. 2000: 70-71. Print. Why you think the work is credible and/or worthy of study? Individual Rights or Common Good? Affect of 9/11 Mini-Task 3 - Active reading: Copy the following key onto your writing folder paper. - Color 1: any sentence or phrase that restates the main idea (Sometimes the common good is more protected than individual rights.) - Color 2: any sentence or phrase that describes an example of what the gov’t did or is doing to protect the common good. - Underline arguments or phrases that support these actions. - Circle arguments or phrases that oppose these actions. Why do people support this? What amendment does this relate to? Why do people oppose this? Why do people oppose this? Example 1 – explain what the government did/is doing. Why do people support this? Example 2 - explain what the government did/is doing. What amendment does this relate to? Example 4 - explain what the government did/is doing. What amendment does this relate to? Sometimes the common good needs to be more protected than individual rights. What amendment does this relate to? Why do people support this? Example 3 - explain what the government did/is doing. Why do people oppose this? Why do people oppose this? Why do people support this? Sometimes the common good needs to be more protected than individual rights. . Exit Slip: Define due process