Due Process in the 5th and 14th
• The Government Must act fairly within the rules
• 1.Substantive Due Process-The What
(policies) and action
• 2.Procedureal Due Process-The How
• 2. Example:
Rochin v California -pumped drugs from stomach
• 1. Example:
Pierce v. Society of Sisters
must attend public school
• Authority for each state to protect
• Ex: Drunk Drivingsobriety test is ok doesn't violate 14 amendment
• Tobacco laws,
Vaccinations for children
The Right to Privacy
Stanley v Georgia,
Griswold v Conn.
Roe v. Wade-
Up to the woman in the 1st trimester, Regulations in 2nd, and only if mother's life is threatened in 3rd.
Freedom and Security
• 13th amendmentinvoluntary servitude covers both private citizens and the government
• Section 2discrimination,
Jones v Mayer,
can't refuse to sell property based on color
Security of Home and Person
• Writs of Assistance are illegal by the 4th and 14th amendment.
• Probable Cause-
Reasonable suspicion of a crime.
• Autos to homes-
Exculsionary rule, can't use illegally obtained evidence.
Dirty old Lady,
Mapp v. Ohio
Drug Testing to Wire Tapping
• Court has ruled that tests can be given without warrant on random basis. This goes for students who sign a contract to play sports as well.
• Wire Tapping- Originally, the Court held that it was fine because the listening was outside the home. However, that changed in 1967 to include a warrant. The Patriot
Act runs contrary to this decision.
Korematsu v. United States
Rights of the Accused
You can't do that!
Writ of Habeas
Evidence needed to hold you. Exception:
Bill of Attainder-
Can't inflict punishment w/o a trial
Ex Post Facto Laws-
No laws that punish after the fact
Grand Jury and Double Jeopardy
• Formal way to move onto a trial after an
5th amendment guarantee you can't be tried for the same crime twice
Speedy and Public Trial
• Reasonable time-100 days, unless mental tests are involved or a witness is ill.
• Public trial-Not too speedy, and who is allowed in the ct room including media is up to the judge.
No TV in federal Cts
Trial by Jury-
petit jury, can be moved if no impartial jury can be found, you can waive it to a bench trial as well, or plead guilty.
Right to an Adequate Defense
• Gideon v. Wainwright case, public defense
• Escobedo v. Illinois and Miranda v. Arizona
• Self-Incrimination-5th amendment, you
Can be forced to rat out someone else
Bail and detention-no excessive
$$. But it can be denied if flight risk or good chance of committing another crime
Cruel and Unusual punishment-No torture Etc. The Three Strikes rule is different
Capital Punishment-two stage approach and only for murder for the mentally fit. Governors can commute the sentence to life
Treason- Art. 3, section 3-levying war, aid and comfort, two wittness are needed EX: John Brown