Due Process - Rights of the Accused/Right to Privacy

Question 1

What is the Due Process Clause?

Answer 1

Court can’t infringe on person’s right to life, liberty, or property without due process of law. There are two types of Due Process, both of which apply to federal and state governments through the Fifth and Fourteenth Amendments; Procedural and Substantive Due Process

Question 2

What is Procedural Due Process?

Answer 2

Adresses manner in which law is carried out and applied to all equally and fairly. Specific legal procedures are required (like with the 5th and 6th Amendments), and it is not absolute.

Question 3

What is Substantive Due Process?

Answer 3

Adresses whether law violates a basic liberty. Allows court to interfere to prevent government infringing on fundamental liberties (Like Free Speech, Religion, Prvacy, etc.) and is not absolute.

Question 4

What does the 5th Amendment entail?

Answer 4

-Due Process Clause
-Established the Grand Jury (If there’s enough evidence for trial to be held).
-Established Double-Jeopardy (trial or punishment) and protections against it.
-Included right against self-incrimination.
-Established Eminent Domain.

Question 5

What is Eminent Domain?

Answer 5

If the Government takes your property they must pay for it and use it for the public.

Question 6

What does the 6th Amendment entail?

Answer 6

-A speedy and public trial.
-An impartial jury of your peers.
-The ability of the defendant to confront witnesses.
-The right to an attorney.

Question 7

What happens if you can’t afford an attorney?

Answer 7

You’re provided one by the Court; a Public Defender.

Question 8

What do these Pre-trial rights of the accused ensure?

Answer 8

Liberty over order.

Question 9

What are your Miranda rights?

Answer 9

Following the Miranda v. Arizona Supreme Court Case, suspects now must be informed of their 5th and 6th amendment rights.

Question 10

What is a Public Safety Exception?

Answer 10

Allows information attained before Miranda Rights were read to stand in court provided it is necessary to neutralize dangerous situations and ensure public safety.

Question 11

What does the 8th Amendment entail?

Answer 11

No cruel or unusual punishments. No excessive bail or fines.

Question 12

What is different about the 8th Amendment?

Answer 12

Due to vague wording, the interpretation of “cruel or unusual” can change over time. This is done to balance INDIVIDUAL FREEDOM with PUBLIC ORDER/SAFETY and ensure procedural due process. People’s opinions with death penalty change through various cases, particularly if the defendant is intellectually disabled, young, or not committing serious enough crimes.

Question 13

What does the 4th Amendment entail?

Answer 13

It requires the court to issue probable cause and/or search/arrest warrants before siezing/searching property due to Procedural Due Process. This is done to prevent overpowering of police on individual liberties.

Question 14

What is the Exclusionary Rule?

Answer 14

Illegally obtained evidence cannot be used in trial. Liberties over social order/security. If no warrant; must have consent of searchee, objective good faith, and follow in the inevitable discovery rule.

Question 15

How has the Fourth Amendment developed to changing times?

Answer 15

Warrantless searches of cellphone data are unconstitional following a 2019 case.

Question 16

What was the Partiot Act of 2001?

Answer 16

Whenthe Executive Branch used third-party communication companies to avoid warrants, metadata (cellphone communication information minus the conversation) was collected by the NSA. It was decided this was an infringement on individual liberties to promote public order and safety.

Question 17

What was the USA Freedom Act of 2015?

Answer 17

A modified version of the Patriot Act designed to balance liberty v. order by making a warrant necessary to examine metadata.

Question 18

What does the 9th Amendment entail?

Answer 18

Rights not in constitution still belong to people. Follows longevity amendment.

Question 19

What does Substantive Due Process include?

Answer 19

Right to privacy and lifestyle choices. This is not provided in the Bill of Rights but found in penumbras (shadows) of the 4th, 5th, 9th, and 14th Amendments.

Question 20

Describe the first time the Supreme Court emphasized inherent right to privacy.

Answer 20

Griswold v. Connecticut (1965) where Connecticut state law banned use of birth control. The Supreme Court ruled this unconstitutional and interpreted the Due Process Clause to protect the right to privacy.

Question 21

What did Roe v. Wade (1973) emphasize?

Answer 21

Substantive due process further extended privacy right to abortion.

Question 22

What was the significance of the overturning of Roe v. Wade?

Answer 22

Following the precedent set in Dobbs v. Jackson Women’s Health Organization (2022), the Constitution no longer confers right to abortion. States can decide reproductive rights.