- Definition: Figuring out the legally req’d process. Package of rights afforded to ∆
- Due Process (14th): Process they’re due. Prevents states from arbitrarily depriving citizens from life, liberty, or property
- Purpose: Protects rights that are so fundamental, that it is unfair to deprive one of them (a.k.a. fundamental fairness)
- A package of rights that guarantees ∆ got the process he was due
- Guilty Plea: 1) Waives process & 2) Admission
- Presumption of Innocence: State’s BoP to show each element beyond a reasonable doubt (In re Winship)
- Justice: About “process” Innocent person proven guilty à Justice not served
Powell v. AL
Facts: Black men falsely accused of rape, denied right to counsel.
Issue: Were ∆’s denied right to counsel, & if so whether it violates 14th Amendment DP
Rule: Denial of counsel violates 14th Am. DP of right to assistance to counsel (in capital case)
Note: Must deny a fundamental right, “a critical phase of the adversarial process”
Brown v. Miss
Issue: Whether convictions, which rest solely upon confessions shown to have been extorted by PD by brutality, are consistent w/ DP req’d by 14th Amendment.
- Definition: 14th Amendment acts like a funnel that allows some of the Bill of Rights to go through to the state
- Applies: States through the 14 amendment DP clause !!!
- When state law or constitution is inconsistent w/ Fed law or constitution
- Remedy: State must incorporate their law to meet minimum Fed standards
- Rule: SupCt rejected. Opted for case-by-case incorporation
- 14th Amendment P&I: “No states shall deprive the citizens the P&I”
- Would make all of the Bill of Rights apply?
- Problem: Too much SupCt discretion
- Doesn’t Apply: To states
- States not req’d to:
- Have a unanimous verdict (2/3 ok) !!!
- Have a 12 person jury !!!
- Can be as small as 5, unless capital case (must be unanimous)
- Bring a felony to trial by indictment to a grand jury !!!
- 4th Amendment
- Protects: People against unreasonable searches & seizures. (Wolf v. CO) !!!
- Touchstone: Reasonableness !!!
- Exclusionary rule requires the result of a 4th Amendment violation not be used as evidence against ∆. (Mapp v. Ohio)
- If search
- 1) PC to issue a warrant &
- 2) Warrant must describe with specificity the person to be searched or place to be seized
- 5th Amendment
- Privilege against compulsory self-incrimination
- Prohibition against double jeopardy
- 6th Amendment
- Right to a speedy, public trial
- Right to trial by jury (Duncan v. LA)
- Right to confront W’s
- Right to assistance of counsel in felony or misdemeanor cases where imprisonment possible (Gideon v. Wainwright)
- 8th Amendment