Due Process

Equal Protection of the Law:

The Rights of the Accused

 

Basic Rights

nThe Constitution includes our basic rights as Americans.  Many are found in the Bill of Rights.

Quick Review of History

nIn 1215, a group of powerful nobles forced England’s King John to sign the Magna Carta.

nThis document stated that the king must respect basic rights such as :

nTrial by jury

nDue process of law

nThis was an early example of limited government.

 

 

Due Process in the Magna Carta

nDue Process meant that the king could not have someone jailed or executed without a proper trial.

 

nAt first, due process only applied to the nobles.  Eventually, all people were covered.

Due Process Today

nDue process includes the right of an accused person to a trial, a lawyer, to question witnesses against him, and other protections of the law.

Due Process

nDue Process also means that laws must be reasonable to an average person.

5th Amendment

nEstablishes due process

n“No person shall be…deprived of life, liberty, or property, without due process of law…”  

n5th Amendment of the Constitution

14th Amendment

nExtends due process to the states

n“No state shall …deprive any person of life, liberty, or property, without due process of law…”

n14th Amendment to the Constitution

Due Process--Equal Protection

nEvery state must give its citizens “equal protection of the laws”

Rights of the Accused

nMiranda v. Arizona (1966)--The Supreme Court threw out the felony conviction of Ernesto Miranda.

nAll police officers must recite the Miranda warning to those they arrest.

Right to Remain Silent

nYou have the right to remain silent, any statements made can be used against you in a court.

n(This only applies if you are the accused person; you can’t withhold information in court to protect a friend.)

                                    Right to an Attorney

nYou have the right to have an attorney present during any questioning

 

Right to a Court-Appointed Attorney

nYou have the right to a court appointed attorney if you cannot afford your own.

nGideon v. Wainwright (1963) ensured this right

Self-Incrimination

nYou have the right to stop answering questions at any time.

n(Once again, this only applies if you are the accused person.)