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