Due process Amendments _ Criminal Procedure

Due process Amendments _ Criminal Procedure

1. Sixth Amendment

   • Eighth Amendment
     • Prohibits excessive bail and cruel and unusual punishment.
       • Stack v. Boyle (1951) Bail must be reasonably calculated to ensure court appearance. Furman v. Georgia (1972) The Eighth Amendment is violated when the death sentence is used unfairly. Georgia v. Gregg (1976) The death penalty was reinstated under informed discretion.
   • Guarantees legal representation and protections during prosecution.
     • Powell v. Alabama (1932) Right to counsel in capital cases. Gideon v. Wainwright (1963) Right to counsel in felony cases for indigent defendants. Massiah v. United States (1964) No deliberate elicitation after formal charges without counsel. United States v. Wade (1967) Lineups are a critical stage requiring counsel.

2. Fourteenth Amendment

   • Applies most bill of rights protections to the states through the due process cluse.
     • New York v. Gitlow (1925) The Fourteenth Amendment created selective incorporation. Rochin v. California (1952) Police conduct that “shocks the conscience” violates due process. Louisiana v. Duncan (1968) included the right to a jury trial guaranteed by the Sixth Amendment.

3. Fifth Amendment

   • Protects individuals from compelled confessions and coercive interrogation.
     • Brown v. Mississippi (1936) Confessions obtained through physical coercion violate due process. Escobedo v. Illinois (1964) When an interrogation turns accusatory, the right to counsel applies. Miranda v. Arizona (1966) Warnings must be given prior to any interrogation in custody.

4. Fourth Amendment

   • Protects against unreasonable searches and seizures; requires probable cause.
     • United States v. Weeks (1914) established the federal exclusionary rule. Ohio v. Mapp (1961) used the Fourteenth Amendment to apply the exclusionary rule to the states. Ohio v. Terry (1968) allowed stop and-frisk whenever there was a legitimate suspicion. United States v. Katz (1967) a legitimate expectation of privacy.

5. The Due Process Amendments are the constitutional provisions, mainly the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, that limit government and police power. They require fairness, legality, and basic rights in criminal investigations and prosecutions. These amendments ensure that individuals are not subjected to unreasonable searches, forced confessions, denial of legal counsel, harsh punishment, or unfair legal processes. They also guarantee that these protections apply to both federal and state governments through the Fourteenth Amendment.