Due Process Amendments

Due Process Amendments

1. Fifth Amendment

   • The 5th Amendment protected suspected criminals against Double jeopardy [can't be tried twice], Right against self-incrimination, Can't seize property without $$ AND Due process of law.
   • Cases
     • Miranda Vs Arizona (1966): in Phoenix of 1963, Ernesto Miranda was charged with kidnapping, robbery and rape. Unfortunately, Ernesto had not been informed of his rights prior to questioning. The fifth amendment gives suspects the right to remain silent and obtain a lawyer during interrogations.

2. Sixth Amendment

   • Sixth amendment provided additional protection for suspected criminals. rights included trial by an impartial jury, speedy and public trial, informed of charges, witnesses confront offenders and lawyer representation.
   • Cases
     • Gideon Vs Wainwright (1963): Gideon challenged his punishment with the Florida Supreme Court. He exposed the judge refused to appoint representation to Gideon.
     • Miranda Vs Arizona (1966): in Phoenix of 1963, ernesto, Miranda was charged with kidnapping, robbery and rape. Unfortunately, Ernesto had not been informed of his rights prior to questioning. The sixth amendment gives suspects the right to an attorney.

3. Fourth Amendment

   • This amendment prevented the government from performing unreasonable search and seizure of someone's property and/or person.
   • Cases
     • Carroll Vs US (1925): Daniel Stewart and Leon Carroll were arrested with warrants for violating local lottery laws, conspiring to run a lottery. However, their car was searched unwarranted.
     • Mapp Vs Ohio (1961):: Dollree Mapp's Home in Cleveland, Ohio had been breached by police, they forced their selves in without a search warrant based on speculation..
     • Terry Vs Ohio (1968) : John Terry and Richard Chilton we're discovered to have concealed weapons, tried and convicted the pair later appealed, exposing the violation of the fourth amendment.
     • Chimel Vs California (1969): Police officers initiated a search in Chimel's home,, after they'd allowed his apprehension without written approval.
     • Tennessee Vs Garner (1985): : Officer Hymon had violated Eugene Garner's constitutional right by shooting Garner's son in the back of the head. The son was running away from assuming theft and resulting in apprehension.
     • Whren Vs US (1996): Whren and Brown we initially pulled over for a traffic violation. However, the officer noticed drugs in the vehicle. This led to the two men being charged with possession..
     • US Vs Arvizu (2002: arvizu was charged with possession with the intent to distribute, after border patrol agent Stoddard pulled them over and searched their vehicle. This was not a part a routined pull over., and violated the fourth amendment.

4. Fourteenth Amendment

   • The 14th amendment gave citizenship, equal and legal rights to African-Americans and slaves, who had been freed, as well as anyone in the United States.
   • Cases
     • Chimel Vs California (1969): Police officers initiated a search in Chimel's home,, after they'd allowed his apprehension without written approval. Due process was not shown to chimel.
     • Gideon Vs Wainwright (1963): Gideon challenged his punishment with the Florida Supreme Court. His rights to bear arms were violated.
     • District of Columbia Vs Heller (2008): the right to carry guns were being challenged by the district Columbia. The charge was found unconstitutional due to disrupting the right to bear arms.
     • McDonald Vs Chicago (2010): how old is McDonald sued the city of Chicago, exposing that the right to bear arms has been violated. This was the challenge Chicago's very strict gun control laws that were supposed to halt guns from being in cities.

5. Eighth Amendment

   • The eighth amendment precludes the government, allowing cruel and unusual punishment, and excessive bail and fines.
   • Cases
     • Kennedy Vs Louisiana (2008): Kennedy sexually assaulted his eight year-old stepdaughter and was facing the death penalty. However, the eighth amendment had displayed that punishment to be excessive.