Due process under the Amendments to the U.S. Constitution can be broken down into two categories: Substantive due process Procedural due process. B
Due process under the Amendments to the U.S. Constitution can be broken down into two categories:
- Substantive due process
- Procedural due process.
Both are based on fundamental fairness. For example, the Fourth Amendment protects citizens against the government's unreasonable search and seizure of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must follow to ensure fair treatment of persons arrested for crimes.
Preparation
Analyze the following U.S. Supreme Court cases:
Review the following Case Brief Example:
Instructions
Write a 3–4 page paper in which you:
- Explain the substantive and procedural protections afforded by the Fourth, Fifth, and Sixth Amendments for defendants charged with crimes today.
- Explain due process and how the Fourth, Fifth, and Sixth Amendments comply with the requirements of due process.
- Prepare a one-page brief of Byrd v. United States explaining how the test for privacy and Fourth Amendment search and seizure requirements are validated in the case.
- Support your writing with at least three credible, relevant, and appropriate academic sources.
- Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
- Evaluate the importance of the Fourth, Fifth, and Sixth Amendments in U.S. trials.
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LEG420: U.S. Courts |
Student Name: Click or tap here to enter text.
Professor’s Name: Click or tap here to enter text.
Date: Select the Date
Week 4 Assignment – Fourth, Fifth, and Sixth Amendment Rights
PART 1: Explaining the Protections Afforded by the Fourth, Fifth, and Sixth Amendments
Introduction:
· Question: Why are the Fourth, Fifth, and Sixth Amendments important for people charged with crimes?
I. Fourth Amendment:
· Protections:
· Question: What does the Fourth Amendment protect against?
· Question: What does the Fourth Amendment require for searches and seizures?
· Procedures:
· Question: What must police have in order to search or arrest someone?
· Question: What happens if evidence is obtained illegally?
II. Fifth Amendment:
· Protections:
· Question: What protections does the Fifth Amendment provide for defendants?
· Question: How does the Fifth Amendment protect against self-incrimination and double jeopardy?
· Question: What does the Fifth Amendment say about due process?
· Procedures:
· Question: What must happen for someone to be charged with a serious crime under the Fifth Amendment?
· Question: What must the government do if it takes someone's property?
III. Sixth Amendment:
· Protections:
· Question: What rights does the Sixth Amendment give to defendants?
· Question: What does the Sixth Amendment say about the trial process?
· Procedures:
· Question: How does the Sixth Amendment ensure a fair trial?
· Question: What rights does the Sixth Amendment give regarding witnesses and legal representation?
Part 2: Explaining Due Process and How the Fourth, Fifth, and Sixth Amendments Support It
Introduction:
· Question: What is due process, and why is it important in protecting people from unfair treatment by the government?
I. Fourth Amendment and Due Process:
· Question: How does the Fourth Amendment protect due process?
· Question: How does the requirement of warrants and probable cause support fairness in legal processes?
II. Fifth Amendment and Due Process:
· Question: How does the Fifth Amendment protect due process?
· Follow-up: How does it prevent forced confessions and double jeopardy?
· Question: How does the Fifth Amendment ensure fairness in criminal charges and government taking of property?
III. Sixth Amendment and Due Process:
· Question: How does the Sixth Amendment protect due process?
· Follow-up: How do the right to a speedy trial, right to an impartial jury, and right to counsel ensure fairness?
Conclusion:
· Question: How do the Fourth, Fifth, and Sixth Amendments work together to protect due process and ensure fair treatment for defendants?
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