Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Due Process and the 14th Amendment
Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states?
"Like the rest of the Bill of Rights, the Fourth Amendment originally only applied in federal court. However, in Wolf v. Colorado, 338 U.S. 25 (1949), the U.S. Supreme Court ruled that the rights guaranteed by the text of the Fourth Amendment…apply equally in state courts via the Fourteenth Amendment, which guarantees to the citizen of every state the right to due process and equal protection of the laws" (When the Fourth Amendment applies, 2013, Find Law). Although originally the Bill of Rights only governed actions of the federal government, through the incorporation clause the Bill of Rights has now been held to apply to all forms of government, not just at the federal level.
The exclusionary rule is the one exception to this general principle, given that the "Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction" (When the Fourth Amendment applies, 2013, Find Law). In other words, investigations by private individuals -- both investigators and laypersons -- are not restricted by the Fourth Amendment and these persons are not...
Also, the person must have a reasonable expectation of privacy to be protected by the Fourth Amendment -- in other words, items that are lying in plain view, or emails sent on a work computer are not protected under either state or federal guidelines (When the Fourth Amendment applies, 2013, Find Law).
What is the difference between procedural and substantive protections for criminal offenders in the Bill of Rights?
"Substantive rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government's desire to the contrary. These are rights like freedom of speech and religion. Procedural rights are special rights that, instead, dictate how the government can lawfully go about taking away a person's freedom or property or life, when the law otherwise gives them the power to do so" (Substantive due process, 2013, Stanford University Law School). The Fourteenth Amendment prohibits persons from being deprived of life, liberty, or property without due process (i.e. without a proper trial). However, the Supreme Court's interpretation of the clause has been broadened to protect substantive…
References
Bill of Rights. (2013). Cornell University Law School. Retrieved:
http://www.law.cornell.edu/constitution/billofrights
Substantive due process. (2013). Stanford University Law School. Retrieved:
http://www.stanford.edu/group/psylawseminar/Substantive%20Due%20Process.htm
http://criminal.findlaw.com/criminal-rights/when-the-fourth-amendment-applies.html
14th Amendment The Fourteenth Amendment of the Constitution provides equal protection for all citizens in all manners of the law, at least in theory. In practice, equal protection is not executed perfectly, but it does remain an ideal to which each section of the criminal justice system can and usually does aspire. In the criminal justice system, all defendants are entitled to an attorney, which is why a public defender is
The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime. Due process is also the root of the discovery rules in the United States. It
Supreme Court In the case of Brady v. Maryland (1963) is a 14th Amendment case governing due process in the court of law. Brady was prosecuted for murder in a case where there were two accused, the other being a man named Boblit. There was a handwritten confession from Boblit stating that he was the killer. While Brady had admitted that he was there, he contended that he was not the
legal principle, Due Process, encapsulates all the guarantees to the rights of an individual or a group. The provision for these rights in the Constitution simply means that the interests of the individuals and groups covered by it are protected. The fundamental human rights include right to life, liberty, and the acquisition of property. Some people believe that individuals should also have a right to the pursuit of happiness.
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit. In the Case of Miranda v. Arizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly
Rights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed. Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter