Due Process

1. Due Process Government – Libertyville HS

2. What is Due Process? • DP protects a person from state / federal government from taking a person’s life, liberty or property without notice and a hearing • Due Process is part of the Fifth Amendment (federal government) • Due Process is also part of the Fourteenth Amendment

3. What is Due Process? • What is “notice”? • The government must tell someone before it takes their property or liberty • Fundamental right – this MUST happen in a criminal or civil case • What is a “hearing”? • The government must give a person the opportunity to defend herself

4. What is Life, Liberty & Property? • Life = government lawfully executing a person • Liberty = government detaining or imprisoning a person FOR ANY REASON • Stop on street • Send to prison for life • Property = government taking your money or stuff

5. Due Process The key to due process is making sure the government treats people in a fundamentally fair way!

6. How Does Due Process Work? • Step One: determine interests of the government • Ex 1– what are interests of school when suspending someone? (discuss) • Maintaining a learning enviro • Safety of other students • Ex 2 – what are interests of government in a death penalty case? (discuss) • Punishing law breaker • Preventing other serious crime

7. How Does Due Process Work? • Step Two: Determine how much “process” is due in a given situation • Due process is not rigid, but rather a flexible thing • Depends upon situation • Think of it as a balance between degree of loss of person’s rights and importance of government’s interests

8. Let’s Practice!! • Does a person have to talk with the police at any time, in any situation? • NO! • Never when conversation may implicate self in criminal activity (right against self incrimination) • If you are in custody, police must inform you of your constitutional right (1) to remain silent & (2) of your right to an attorney before questioning • But… • Always good to talk to facilitate government interest in law enforcement! • Your refusal to talk may lead police to become suspicious…

9. Let’s Practice Some More! • When may the police search my car? • Search accessible interior of car stopped for suspicious behavior • During arrest of person in a car (driver or passengers) may search accessible interior of car for safety and protection of police • “Inventory” search prior to impounding car (safety reasons) • If found pot in car, can be used as evidence • BUT can’t open and search locked suitcase

10. Let’s Practice Just a Bit More! • Can school officials search me or my locker? • Special responsibility that school has for all students (education) • Thus, schools have power to establish and enforce rules to support a learning environment • School officials act in place of parents (in loco parentis); have obligation for safety, moral and educational development of students • School authorities have high interest in order, proper behavior • Students are usually minors w/o fully developed interests or rights • THUS – students have lower expectation of privacy while on school property

11. Let’s Practice Just a Bit More! • So - Can school officials search me or my locker? • On school property, officials only have to show “reasonable suspicion” (lower degree of certainty) to justify search • Regarding lockers… • What is student’s expectation of privacy? • Did student provide own lock, or does school possess keys to open all lockers? • Did school state that lockers were not private student areas?