How do they protect our rights?

The Government must respect ALL legal rights of all people.It must treat people fairly.

Ways Due Process is Applied

1. Procedures - methods used to conduct hearings AND to apply/enforce laws must be fair and reasonable

2. Consent - Laws passed by the government must be fair and reasonable

Both Federal and State government must follow the rules.

Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law

Rights of the AccusedSearch and Seizures

•4th Amendment declares, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….”

It doesn’t specifically state a right to privacy, but the courts have interpreted it that way

Rights of the Accused

A search warrant is a court order obtained from a judge who is convinced that there is a real need to search a person or place

In order to get a search warrant, the police must present an AFFIDAVIT (sworn statement of facts)

The search warrant MUST be specific (Who? What? Where?)

The exclusionary rule prevents the use of illegally seized evidence

No-knock warrants can be executed under specific circumstances

Read the first scenario as well as the explanation why the 4th amendment does not apply to that case.

Read the subsequent scenarios and decide: “Was the 4th amendment properly recognized and administered in this case? Explain why or why not.”

1 paragraph each. Due EOC.

In what ways are you not protected by the Fourth Amendment in school?

5 minutes

New Jersey v. T. L. O.: A school can search a students person or possession if there is at least a “reasonable suspicion” that the student will have drugs or weapons or some other contraband items.

Reasonable suspicion is NOT the same as probable cause.

Meaning: Its not just a hunch, it has to be backed up by some evidence, but less than what you need for probable cause.

• A “reasonable” (thoughtful, sane, intelligent) person might think something is wrong based on watching a situation–This is the starting point for a warrant…A police officer would need stronger evidence for a warrant

• MUST have some hard evidence to show that a person is part of a crime

• Evidence that would get a warrant:–Witness testimony–Fingerprints–Video tape of crime being committed–DNA found at the scene–Shoe prints found at the scene–Hair and clothing fibers found at the scene

• A legal document issued by a judge that specifically states:– WHAT the police are looking for

AND– WHERE the police may look

If the police don’t follow the details of the warrant then the evidence they find might not be allowed in court. It could not be used to try to convict the criminal.

Under specific circumstances, searches may be conducted without a warrant. Some examples of those are:* Within Reach* Consent* Trash at Curb* Airport/Border* Hot Pursuit

Review the Supreme Court cases that focus exclusively on the 4th amendment.

Answer the case question in 3-4 sentences and then research the courts decision.

Write down the court decision in 2-4 sentences.

Time: 45 minutes

What does the 4th Amendment protect?: “Persons,” “Houses,” “Papers”, and “Effects”.

What does persons, houses, papers and effects really mean though? DEFINE THESE TERMS IN YOUR OWN

WORDS.5 minutes.

When the person gives permission to search

When the police believe the evidence WILL be destroyed if they leave to get a warrant

If the person is being arrested

If the police are chasing someone (Hot Pursuit)

• An arrest needs a warrant to be legal• HOWEVER, an arrest can happen

without a warrant if:– A SERIOUS CRIME (Felony) takes place

and there is no time to get a warrant because the crime is in progress. A judge will decide if there is probable cause to continue holding the person in jail

– If a MINOR INFRACTION (Misdemeanor) of criminal law takes place and is committed in front of the arresting officer

If evidence is out in the open it may be used against you, even if it is not listed on a warrant

Police may stop & frisk a person if the police have reasonable suspicion that criminal activity is going on

EXAMPLE: stand on corner in dangerous neighborhood and run away when police in sight – running in high crime area

Persons: persons clothes, wallet, blood, bodily fluid.

Houses: apartment, front porch, mobile home.

Papers: Diary, novel, email (probably not), text messages (probably not).

Effects: Backpack, ipod, stamp collection, computer (maybe).

Read the two cases and answer the “Questions for Class Discussion”.

2-3 sentences each.Due HW-NEXT CLASS.

Define compel, coerce, duress.

Answer the DBQ questions in the Miranda v. Arizona Packet

2-3 sentences per question.Time: 50 minutes.Due EOC.

Do you believe everyone is entitled to their Miranda Rights? Under what circumstances do you think they are not?

If you could change the Miranda Rights, how would you? What would you add/subtract?

Why is the 5th Amendment beneficial for society?

The Miranda Rule 

•The Fifth Amendment forbids forced self-incrimination, stating that no person “shall be compelled to be a witness against himself.”•Suspects cannot be compelled to provide evidence that can be used against them•Burden of proof rests on police and prosecutors, not the defendant•Right applies to congressional hearings and police stations, as well as to courtrooms

Rights of the Accused

https://www.youtube.com/watch?v=mdeo7Q2E5cE

Miranda v. Arizona (1966)•Set guidelines for police questioning of suspects•Suspects must be informed of their constitutional right to remain silent•Suspects must be warned that what they say can be used against them in a court of law•Suspects must be told that they have a right to have a lawyer present during•Questioning, and that a lawyer will be provided if the accused cannot afford one

Rights of the Accused

""You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an

attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these

rights? ""

https://www.youtube.com/watch?v=T45aF1NLMyM

Rights of the AccusedArizona v. Fulminante (1991)•Court held that a coerced confession is “harmless error” if other evidence is sufficient for conviction •If law enforcement officials encourage persons to commit crimes (such as accepting bribes or purchasing illicit drugs) that they otherwise would not commit, convictions for these crimes will be overturned by the courts 

Persons accused of a crime are innocent until proven guilty by fair and lawful means

Life, Liberty and Property can’t be taken away without going through the Courts (Legal process)

https://www.youtube.com/watch?v=4N1svadJQ40

Read the corresponding document selections and answer the corresponding questions.

Due HW-NEXT CLASS

Should students be given their full 4th and 5th amendment rights in the public schools? Why or why not?

The fifth amendment lists many protections:* Grand Jury* Double Jeopardy* Self-incrimination* Due Process* Eminent domain and private property

1)You don’t have to defend yourself for a crime unless you are charged by a Grand Jury.

Grand juries are only convened in federal court – they are not responsible for finding a defendant guilty or innocent, only whether there is enough evidence to charge (indict) a defendant

2) No Double Jeopardy - You can’t be tried in court for the same exact crime twice.

4) Eminent Domain - the Government can’t take away property unless the owner is compensated and it is going towards public use.

3) You don’t have to be a witness against yourself. You can’t be forced to take the witness stand. (“I plead the 5th”)

Go to each station and read the corresponding scenario.

Answer the corresponding question on your page in 2-3 sentences.

5 minutes per station and then you rotate. If you finish early, feel free to move on

to the next station!Due EOC.

Why is the right against self-incrimination important to citizens?

Do you agree with the concept of eminent domain? Why or why not?

Should suspected terrorists arrested abroad be read their Miranda rights if they are not US citizens but will be tried in a US court?

Consider this case: On February 28, 2013, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was arrested in Jordan and flown to the U.S. for trial in a NY criminal court where Miranda rights apply.

Consider: Are their limits to whom the protections of the Constitution apply?

5 sources 5 paragraphs 5 citations MLA Format Work Cited page Title Times New Roman Font Size 12 1 inch margins Double spaced

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Shakespeare’s plays are great. Why are they great? What plays are great?

Shakespeare’s Midsummer’s Night Dream is his greatest play because it is so complicated. This is better, but how is it complicated? Why does

that make it so great? The success of the last scene in Midsummer

Night's Dream comes from subtle linguistic and theatrical references to Elizabeth's position as queen. This is good because it gives specific details as to

how the play is complicated, and why this is such a success.

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