Due Process in Criminal Proceedings-1-1.pptx

Civil Liberties, Due Process and Citizen Protections from the Government  GOVERNMENT POWER POLICE POWER — Each state has the power to protect and promote the public health, safety, morals and general welfare. THIS IS A LOT OF POWER! That is why the Constitution gives its citizens many pro...

Civil Liberties, Due Process and Citizen Protections from the Government  GOVERNMENT POWER POLICE POWER — Each state has the power to protect and promote the public health, safety, morals and general welfare. THIS IS A LOT OF POWER! That is why the Constitution gives its citizens many protections!  DUE PROCESS Definition: The government must act fairly and in accord with established rules A. Components of due process: 1. EX POST FACTO LAWS (No RETROACTIVE punishments; can’t go back in time) 2. BILL OF ATTAINDER - A legislative act (law) than inflicts punishment without a court trial (e.g., suspected Communists during the “Red Scare” of the 1950s)  DUE PROCESS - CONTINUED 3. WRIT OF HABEAS CORPUS— the government must show why a prisoner should not be released from prison 4. WRIT OF ASSISTANCE – blanket search warrant (illegal); warrants need to be very specific about the “who”, the “what”, the “where” and the “why” police are doing a search 5. No Unreasonable Search and Seizure (4TH) EXCLUSIONARY RULE – Evidence that is obtained illegally is inadmissible (cannot be used in court)  EXCEPTIONS TO A WARRANT A. PROBABLE CAUSE – Circumstances that lead the average person to believe a crime has been committed B. HOT PURSUIT – In the act of chasing a suspect, police can go anywhere C. PLAIN VIEW – Police can visibly see what they are looking for D. CONSENT – Someone gives permission to police to conduct a search E. EMERGENCY/EXIGENT CIRCUMSTANCES – If police, acting in “GOOD FAITH” are responding to an emergency situation, they do not need a warrant (aka “fruits of the search”)  CITIZENS RIGHTS IN COURT 1. Accused has the right to a speedy and public trial (6TH ) 2. Accused does not have to incriminate themselves (5TH) 3. Accused has the right to counsel/lawyer (6TH) 4. Accused has the right to confront witnesses and compel testimony(6TH) 5. No double jeopardy — Accused may not be tried for the same crime twice (5TH) 6. No cruel and unusual punishment nor excessive bail and fines will be imposed (8TH)