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
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.
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.)