SECTION 1

Lecture:Lecture:Due Process of LawDue Process of Law

SECTION 2

Pair Share:Pair Share:The 5th Amendment declares that the The 5th Amendment declares that the

Federal Government cannot deprive Federal Government cannot deprive any person of any person of “life, liberty, or property, “life, liberty, or property, without due process of law.”without due process of law.” Explain Explain the meaning of due process of law as the meaning of due process of law as set out in the 5th and 14th set out in the 5th and 14th amendments. What is the difference amendments. What is the difference between the 5th and 14th between the 5th and 14th Amendments?Amendments?

SECTION 3

ObjectiveObjective

Students will Students will understand the concept understand the concept of Due Process and how of Due Process and how it applies to those it applies to those accused of a crime.accused of a crime.

SECTION 4

12.5 Students summarize landmark 12.5 Students summarize landmark U.S. Supreme Court interpretations of U.S. Supreme Court interpretations of the Constitution and its amendments. the Constitution and its amendments.

.1 Understand the changing interpretations .1 Understand the changing interpretations of the Bill of Rights over time, including of the Bill of Rights over time, including interpretations of the basic freedoms interpretations of the basic freedoms (religion, speech, press, petition, and (religion, speech, press, petition, and assembly) articulated in the First assembly) articulated in the First Amendment and the Amendment and the due process and due process and equal-protection-of-the-law clauses of equal-protection-of-the-law clauses of the Fourteenththe Fourteenth Amendment. Amendment.

SECTION 5

The 5th and 14th AmendmentsThe 5th and 14th Amendments The The 5th Amendment5th Amendment

provides that “provides that “no no person … shall be person … shall be deprived of life, deprived of life, liberty, or property liberty, or property without due process of without due process of law…”.law…”.

The The 14th Amendment14th Amendment extends that extends that restriction to State restriction to State and localand local governments.governments.

Due processDue process means that means that the government must act the government must act fairlyfairly and in accord with and in accord with established rules at all established rules at all times.times.

Due process is broken down Due process is broken down into two branches:into two branches: Substantive due Substantive due

processprocess—the fairness of —the fairness of the the lawslaws themselves themselves

Procedural due Procedural due processprocess—the fairness of —the fairness of the the proceduresprocedures used to used to enforce the lawsenforce the laws

SECTION 6Chapter 20, Section 1Chapter 20, Section 1

The Meaning of Due ProcessThe Meaning of Due Process

SECTION 7

ScenarioScenario A local police department sets up a A local police department sets up a

road block outside the location of a road block outside the location of a high school’s prom. Every car driving high school’s prom. Every car driving to or from the prom is stopped, and to or from the prom is stopped, and the car and its occupants are the car and its occupants are searched for drugs and alcohol. Is searched for drugs and alcohol. Is this a reasonable exercise of police this a reasonable exercise of police power or is it a violation of procedural power or is it a violation of procedural or substantive due process?or substantive due process?

SECTION 8

The 14The 14thth Amendment Amendment

SECTION 9

Equal Protection Clause of the 14Equal Protection Clause of the 14thth Amendment Amendment Equal Protection of the LawEqual Protection of the Law

“…“…nor deny to any person within its nor deny to any person within its jurisdiction the equal protection of the laws.” jurisdiction the equal protection of the laws.”

Limits the ability of states to Limits the ability of states to discriminatediscriminate against against people based on their race, national origin, gender, or people based on their race, national origin, gender, or other status.other status.

This clause has been used to guarantee This clause has been used to guarantee voting rights, voting rights, school integration, school integration, thethe right of women right of women and and minorities minorities to equal employment to equal employment and theand the rights of immigrants to rights of immigrants to attend public school.attend public school.

SECTION 10

1414thth Amendment Court Cases Amendment Court Cases

Civil Rights Cases (1883)Civil Rights Cases (1883) Plessy v. Ferguson (1896)Plessy v. Ferguson (1896) Brown v. Board of Education Brown v. Board of Education

(1954)(1954) Bakke v. Regents of Bakke v. Regents of

University of California (1978)University of California (1978)

SECTION 11

The Right to PrivacyThe Right to PrivacyThe constitutional guarantees of due process The constitutional guarantees of due process

create a right of privacy.create a right of privacy. Established in Established in Griswold Griswold v. v. ConnecticutConnecticut, 1965, 1965, ,

which held that a law which held that a law outlawing birth-control outlawing birth-control was unconstitutional.was unconstitutional.

In In StanleyStanley v. v. GeorgiaGeorgia, 1969, 1969, the right of privacy , the right of privacy was defined as was defined as “the right to be free“the right to be free, except in , except in very limited circumstances, from unwanted very limited circumstances, from unwanted governmental intrusion into one’s privacy.”governmental intrusion into one’s privacy.”

Chapter 20, Section 1Chapter 20, Section 1

The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe

v.Wade in 1973.

SECTION 12

Film Clip: Film Clip: The Right to PrivacyThe Right to Privacy

SECTION 13

Wrap-UpWrap-Up

What is due process?What is due process? Give examples of rights Give examples of rights

people have if they are people have if they are accused of a crime.accused of a crime.

What could happen if a What could happen if a person’s due process is person’s due process is violated?violated?