Due process Amendments

Due process Amendments

1. 4th Amendment

   • Protects from unreasonable search and seizures warrant.
     • CASE 1: Terry V. Ohio (1968)
       • This case shows how the fourth Amendment allows police to stop and frisk someone based on reasonable suspicion.
         • https://www.acluohio.org/cases/terry-v-ohio-392-us-1-1968/
     • CASE 2:Mapp V. Ohio (1961)
       • This case shows how the fourth amendment prevents illegally obtained evidence from being used in state courts.
         • https://en.wikipedia.org/wiki/Mapp_v._Ohio
     • Case 3:Wolf V. Colorado (1949)
       • This case shows that the fourth amendment applies to the state, but illegally obtained evidence did not have to be excluded.
         • https://en.wikipedia.org/wiki/Wolf_v._Colorado

2. 5th Amendment

   • Indictment by grand jury , Prohbition against double jeopardy, Right against self incrimination,Due process of law
     • CASE 1: Malloy V. Hogan (1964)
       • Malloy V. Hogan shows how the fifth Amendment protects people from self incrimination in state criminal cases not just federal ones.
         • https://en.wikipedia.org/wiki/Malloy_v._Hogan#:~:text=Hogan%2C%20378%20U.S.%201%20(1964,he%20is%20called%20to%20testify.
     • CASE 2: Benton V. Maryland (1969)
       • This case applied protection against double jeopardy to the states.
         • https://www.oyez.org/cases/1968/201
     • CASE 3: Miranda v. Arizona
       • Miranda V. Arizona case shows that police must inform suspects of their rights before questioning or the statements cannot be used in the court.
         • https://www.vincenthugheslaw.com/blog/understanding-your-miranda-rights/

3. 6th Amendment

   • Speedy and public trial, Impartial jury, informed charged, confrontation with witnesses, Obtaining witnesses, Assistance of a lawyer
     • CASE 1: Gideon v. Wainwright (1963)
       • This case shows how states must provide a lawyer to criminal defendants who cannot afford one, ensuring a fair trial.
         • https://www.oyez.org/cases/1962/155?app
     • CASE 2: Pointer v. Texas (1965)
       • Pointer V. Texas shows that defendants have the right to confront and cross examine witnesses in state courts, which is guaranteed by the sixth amendment.
         • https://supreme.justia.com/cases/federal/us/380/400/
     • CASE 3: Klopfer V. North Carolina (1967)
       • This Case shows that defendant have the right to a speedy trial in state courts.
         • https://www.oyez.org/cases/1966/100

4. 8th Amendment

   • Excessive bail, Excessive fines, Cruel and unusual punishment.
     • CASE 1: Timbs V. Indiana (2019)
       • This case shows that the Eight Amendment protects against excessive fines in state court.
         • https://www.oyez.org/cases/2018/17-1091
     • CASE 2: Gregg V. Georgia (1976)
       • This case shows that the Eight Amendment allows the death penalty if it is applied fairly and and not unfairly.
         • https://landmarkcases.c-span.org/Case/26/Gregg-v.-Georgia
     • CASE 3: Robinson V. California (1962)
       • This case shows that punishing someone for being an addict is cruel and unusual including punishing someone for being addicted.
         • https://fiveable.me/key-terms/civil-rights-civil-liberties/robinson-v-california

5. 14th Amendment

   • Guarantees citizenship and ensures state provide due process and equal protection of the law.
     • CASE 1: Brown V. Board (1954)
       • This case shows that the 14th Amendment guarantees equal protection and bans racial segregation in schools.
         • https://www.archives.gov/education/lessons/brown-v-board
     • CASE 2: Obergefell V. Hodges (2015)
       • This case shows that the 14th Amendment guarantees equal rights and liberty including the right to marry.
         • cluohio.org/cases/obergefell-v-hodges/
     • CASE 3: Loving V. Virginia (1967)
       • This case shows that the 14th Amendment guarantees equal protection and liberty including the right to marry regardless of face.
         • https://www.britannica.com/event/Loving-v-Virginia