DUE PROCESS

5th, 6th, 7th, and 8th Amendments

DUE PROCESS

No formal definition of due

process is given in the Constitution
It is protection against random
deprivation (removal) of life, liberty,
or property

THE FIFTH
AMENDMENT

The FEDERAL govt may not

deprive (remove) any person of life,
liberty, or property without due process
of law
In other words, you cant be tried for a
crime today, convicted of it tomorrow, and
imprisoned the next day

WHAT IS DUE PROCESS?

Due Process- fair procedures according to

the law.
A citizens rights are protected by the use of
due process under the U.S. Constitution
FAIR TREATMENT of those ACCUSED

GENERALLY, DUE PROCESS

GUARANTEES THE FOLLOWING
(THIS LIST IS NOT A FULL LIST):
Right to a fair and public trial conducted in a
competent manner6th Amendment
Right to be present at the trial5th Amendment
Right to an impartial (fair) jury7th Amendment

WORD TO
REMEMBERFAIRNESS!

Right to be heard in one's own defense

(You can tell your side of the story or not5th)
Laws must be written so that a reasonable person
can understand what is criminal behavior
Taxes may only be taken for public purposes

FAIRNESS
Police must notify you of your Miranda
rights- right to remain silent.
5th Amendment
They MUST read you your rights!!!

EQUAL PROTECTION

No individual or group should receive

special treatment or be deprived of certain
rights under the law
State legislatures CAN pass laws that treat
people differently if there is a reason (i.e.
driving age, drinking age, etc.)

DISCUSSION
QUESTION

Are there ever

circumstances that justify
treating people unequally?
If so, what are they?