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Due Process Amendments 4 5 6 7 8 14 What is due process? Due process, for the people of the United States, refers to • how laws are enforced • why laws are enforced • due process applies to all persons • citizens, immigrants or aliens • as well as to corporations. What does the term due process mean? • (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards What parts of the Constitution guarantee citizens due process? Amendments • • • • • • 4 5 6 7 8 14 Amendment 4 • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment 5 • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment 6 • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Amendment 7 • In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Amendment 8 • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment 14 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Due Process • The reference in the 5th Amendment applies only to the federal government and its courts and agencies. • The reference in the 14th Amendment extends protection of due process to all state governments, agencies, and courts. Generally, due process guarantees the following: • right to a fair and public trial conducted in a competent manner • right to be present at the trial • right to an impartial jury • right to be heard in one's own defense • laws must be written so that a reasonable person can understand what is criminal behavior Writing Activity • Using the slide that explained the guarantees of due process to write an essay explaining what amendments give citizens these rights of due process.