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Last Unit: Due Process. Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The How” – Laws must be applied to all fairly. 4 th Amendment. No unreasonable searches and seizures To search property, police need

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last unit due process
Last Unit: Due Process
  • Everyone must be treated fairly under the law
  • Substantive Due Process – “The What” –Laws must be fair
  • Procedural Due Process – “The How” – Laws must be applied to all fairly
4 th amendment
4th Amendment
  • No unreasonable searches and seizures
  • To search property, police need
    • Probable Cause
    • A warrant from judge
  • Exclusionary Rule – evidence obtained illegally can’t be used in court
slide3

Exceptions to needing a warrant

  • Plain view
  • If person will escape, destroy evidence or harm others
  • Customs officials (MTA & TSA) don’t need warrants or probable cause
on the street
On The street
  • On the street
    • Terry v Ohio
    • “Stop and Frisk” in NYC
  • In School
    • New Jersey v TLO
slide5
Cars
  • Driving vs. Parked
supreme court cases
Supreme Court Cases
  • Your task:
  • Act out the case
  • Explain the Supreme Court’s ruling --- don’t explain the lower court rulings
  • Michigan Department of State Police v Sitz – DUI checkpoints
  • Minnesota v Carter – peaking in homes
  • California v. Ciraolo – aerial search
  • Maryland v Garrison – “good faith”
  • Tennessee v. Garner - lethal force
  • Minnesota v. Dickerson - patdowns
  • Vernonia School District v Acton – school
  • Kyllo vs US – thermal heat scans
  • US v Sokolov – shady airport acts
  • Alabama v White – anon tipsters
5 th amendment
5th Amendment
  • Right to a Grand Jury – For felonies
    • Indictment
  • Protects against self-incrimination
    • If refuse and must - “contempt of court”
    • Some given immunity (immune from charges)
  • Rochin v California – “reasonable physical exams”
  • No Double Jeopardy – Can’t be tried twice for same crime
6 th amendment
6th Amendment
  • Speedy and public trial
  • Right to confront witness
  • Impartial jury
    • Steps towards Jury Duty
      • Summons, Questionnaire, Voir Dire, Preemptory Strikes
slide9

Right to a Lawyer…during…

  • Powell v. Alabama (‘32) –Capital Case = death penalty
  • Gideon v. Wainwright (‘63) –in all cases
  • Escobedo v. Illinois (’64) - interrogation
  • Miranda v. Arizona (‘66) – read rights
8 th amendment
8th Amendment
  • No excessive bail
  • No cruel and unusual punishment – crime must match the sentence
  • Death Penalty – Furman v. Georgia (1972) and Gregg v. Georgia (1976)
  • Other cases
    • Mentally retarded
    • Juvenile Death Penalty
9 th and 14 th amendment
9th and 14th Amendment
  • 9th –Right to Privacy
  • 3 Zones:
      • Thoughts and beliefs
      • Personal information
      • Family and relationships
sexuality 9 th
Sexuality & 9th
  • Griswold v. Connecticut
  • Lawrence and Garner v. Texas
  • Roe v. Wade and Restrictions