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  • Crash Course US Government 28: Due Process of Law

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    Aisha Awwad
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    The document summarizes key aspects of due process as outlined in the US Constitution. It discusses the two types of due process - substantive and procedural. Substantive due process prohibits government infringement on fundamental liberties, while procedural due process examines whether the government acted properly in applying its power. The 5th Amendment guarantees the right to a grand jury, protection against double jeopardy, the right not to self-incriminate, and just compensation for property taken by the state. A fair trial must be speedy, public, include a jury of peers from the local community, inform the defendant of charges, and provide right to an attorney. The Miranda case established that if questioned while in custody, individuals have the right to remain silent and

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    Crash Course U.S. Government and Politics 28 Due Process of Law

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    The document summarizes key aspects of due process as outlined in the US Constitution. It discusses the two types of due process - substantive and procedural. Substantive due process prohibits government infringement on fundamental liberties, while procedural due process examines whether the government acted properly in applying its power. The 5th Amendment guarantees the right to a grand jury, protection against double jeopardy, the right not to self-incriminate, and just compensation for property taken by the state. A fair trial must be speedy, public, include a jury of peers from the local community, inform the defendant of charges, and provide right to an attorney. The Miranda case established that if questioned while in custody, individuals have the right to remain silent and

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    654 views2 pages

    Crash Course US Government 28: Due Process of Law

    Uploaded by

    Aisha Awwad
    The document summarizes key aspects of due process as outlined in the US Constitution. It discusses the two types of due process - substantive and procedural. Substantive due process prohibits government infringement on fundamental liberties, while procedural due process examines whether the government acted properly in applying its power. The 5th Amendment guarantees the right to a grand jury, protection against double jeopardy, the right not to self-incriminate, and just compensation for property taken by the state. A fair trial must be speedy, public, include a jury of peers from the local community, inform the defendant of charges, and provide right to an attorney. The Miranda case established that if questioned while in custody, individuals have the right to remain silent and

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Due Process of Law: Crash Course U.S.

    Government #28
    Available at https://youtu.be/UyHWRXAAgmQ or just youtube/google “Crash Course US Government 28”
    1. On the most basic level, due process is what it means to have
    a fair trial.

    a. What are the two types of due process? Identify and


    describe each.
    Substantive due process- a blanket prohibition on
    government infringing on fundamental liberties

    Procedural due process- the court looks at whether the


    government acted properly in applying it power.

    2. The first clause of the 5th Amendment basically says that if


    you are charged with a crime, you are entitled to a grand jury
    that must look at the evidence and decide that there
    is enough to bring you to trial.

    3. The second protection the 5th Amendment gives us is against double jeopardy, where the
    state tries you for a crime, loses its case, and then decides to try you again for the exact
    same crime.

    4. The third clause in the 5th Amendment is that you can’t be compelled to be a witness
    against yourself.

    5. What is the last clause in the 5th Amendment and what does it mean?
    “Just compensation” clause and it only means that if the state takes away your property
    say to build a freeway through your front yard, they can do it but they have to pay you for
    it.

    6. What are the elements of a “fair trial”?


    It must be speedy, it should be public, you have the right
    To a jury of your peers, trail is supposed to be where you
    Committed the crime, have the right to know what you are
    Charged with, and you have the right to an attorney,

    7. What advice does Craig give as the main takeaway


    from the Miranda case?
    If the police take you into custody or even want to ask you a few
    Questions, you should ask them if you are under arrest. If they
    No, then you can walk away from them. If they say yes, the very next thing you should
    say is, I’d like to speak with a lawyer and don’t say anything else to them until you have
    a lawyer there.

    8. Court cases like Miranda and Gideon help to define


    how agents of the state, in this case law enforcement
    and judicial officers, must act so that they don’t
    unjustly infringe on our liberties.

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