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Is the current tardy policy fair? - PowerPoint PPT Presentation


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Is the current tardy policy fair?. You have been given a detention. You feel that the detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?. Due Process.

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You have been given a detention. You feel that the detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?


Due Process detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Procedural due process – government must act fairly and according to the rules in dealing with citizens and enforcing laws


Due Process detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Procedural due process

  • Substantive due process – laws made by the government must be fair


Is the following law “fair”?: detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

Blonde haired, blue eyed women will no longer be allowed to have a driver’s license.


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

Where in the constitution do the words “right to privacy” appear?


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Griswold v. Connecticut (1965)

  • government cannot regulate what goes on in the bedroom of married couples

  • A right to privacy is in the “penumbras” of rights in the constitution


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Griswold v. Connecticut (1965)

  • Roe v. Wade (1973)

    • Privacy right established in Griswold includes right to an abortion


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Roe v. Wade (1973)

    • Trimester one: states cannot limit abortion in any way

    • Trimester two: states may reasonably regulate but not prohibit abortion


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Roe v. Wade (1973)

    • Trimester three: states may prohibit abortion except those necessary to preserve the life and health of the mother


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Roe v. Wade (1973)

  • Limits to Roe

    • States can require parental consent

    • States can require waiting periods


Right to Privacy detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Roe v. Wade (1973)

  • Limits to Roe

    • States cannot require husband to be notified

    • Partial birth ban is constitutional


Right to Keep and Bear Arms detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Washington D.C. v. Heller – there is an individual right to bear arms


Security of Home and Persons detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Two ways a legal search can occur:

  • Search warrant obtained based on probable cause


Security of Home and Persons detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Two ways a legal search can occur:

  • Search warrant obtained based on probable cause

  • Probable cause

    • Evidence in plain view

    • Informational roadblocks

    • As part of an arrest


Searches and Seizures detention is undeserved. By what process can you attempt to demonstrate that you should not have to serve the detention?

  • Exclusionary rule

    • Weeks v. United States

    • Mapp v. Ohio

    • Exceptions

      • Inevitable discovery

      • Good-faith effort

      • Honest mistakes


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