Due Process Amendments

Due Process Amendments

1. Fourth Amendment - Unreasonable searches and seizures Warrants

   • 1967: Katz v. United States - User of a public phone booth had a invasion of privacy, the police needed a search warrant to listen.
     • 1968: Terry v. Ohio - Used illegally obtained against the defendant
       • 1973: Schneckloth V. Bustamonte - Consent given to search car at traffic stop, unaware of his right to refuse.

2. Fifth Amendment - Prohibition against double jeopardy, right against self incrimination.

   • 1932: Blockburger v. United States- Court held double jeopardy, but broke 2 laws so can be charged seperately
     • 1944: Ashcraft v. Tennessee- Officers broke down a suspect for 38 hours in interegation and convinced him to sign a confession.
       • 1966: Miranda v. Arizona - Individual didn't know his rights. This led to the Miranda rule which when arrested you are read your right which is now universal.

3. Sixth Amendment - Accused has a right to a speedy and public trial, right to an attorney

   • 1932: Powell v. Alabama - Young boys convicted for raping 2 girls, case was thrown out because they were not able to get an attorney during there trial.
     • 1938: Johnson v. Zerbst - 2 marines convicted of having counterfeit money, case was thrown out because the didn't have attorneys for trial.
       • 1973: Strunk v. United States - Courts denied his motion to a speedy trial for automobile theft case.

4. Eight Amendment - Excessive bail, Excessive fines, Cruel and unusual punishment

   • 1972: Furman v. Georgia - He was sentenced to death for shooting and woman while robbing her home, Furman argued the death was accidental and the harsh punishment was because he was black.
     • 1987: United States v. Salerno - Fought that the state exaggerated his danger to community in denying him bail. But he was still denied bail.
       • 1910: Weems v. United States - Weems was treated with cruelty and punishment, chained by ankle or wrist given a very high sentence AND hard labor, his attorney fought and got the court to agree.

5. Fourteenth Amendment - National citizenship and forbidding the states to restrict the basic rights of citizens.

   • 1961: Mapp v. Ohio - Mapp used her 14th amendment to get possesed evidence thrown out of her trial because she had the right to possess it.
     • 1963: Gideon v, Wainwright - He had to defend himself in trial because he was denied an attorney, so he fought it and then the courts did not grant him anything.
       • 1978; University of Cal v. Bakke - Denied from UOC because of his color, fought in court it was against the 14th amendment use of racial quotas.