A high-level overview of due process.
The Supreme Court has ruled that the due process clause of the Fourteenth Amendment prevents state governments from infringing on the rights of those who have been accused of a crime.
Key terms
| Term | Definition |
|---|---|
| selective incorporation | The gradual process of applying amendments in the Bill of Rights to state and local governments; only some of the rights in the Bill of Rights have been selectively incorporated. |
| due process clause | Provisions of the Fifth and Fourteenth Amendments that limit the power of the government to deny people “life, liberty, or property” without fully respecting their legal rights and the correct legal procedure. |
| Miranda rule | A requirement that law enforcement officers inform a person subject to an interrogation of their right not to incriminate themselves under the Fifth and Sixth Amendments; created after the decision in Miranda v. Arizona (1966). |
| public safety exception | An exception to the Miranda rule; it allows the police to perform unwarned interrogation and have the findings stand as direct evidence in court, provided the information relates to public safety. |
| right to legal counsel | The right to have the assistance of a lawyer; protected under the Sixth Amendment. |
| right to speedy and public trial | The right to speedy and public trial protects a defendant from having a long delay between being arrested and facing trial; protected under the Sixth Amendment. |
| right to an impartial jury | The right to an impartial jury means that the defendant has the right to face a jury that is not likely to have an opinion about the case already formed; protected under the Sixth Amendment. |
| exclusionary rule | A requirement that any evidence found during an illegal search or seizure cannot be used to try someone for a crime. |
| Gideon v. Wainwright (1963) | A Supreme Court ruling that guaranteed the right to an attorney for the poor or indigent. |
Key takeaways
If you’ve ever watched a movie or television police drama set in the United States, you’ve probably heard the words “You have the right to remain silent. Anything you say can and will be used against you . . .” This series of sentences is called the Miranda warning: when police officers place someone under arrest, they are required to inform them of their right to remain silent, protected under the Fifth and Sixth Amendments.
The Court has at times ruled in favor of states’ power to restrict individual liberty: Although the Miranda rule requires police officers to inform someone under arrest of their rights, there is an exception to this rule. The public safety exception allows officers to interrogate a suspect without informing them of their rights if there is an objective need to protect the police or the public from immediate danger. An example of the public safety exception is when the police interrogate a suspect to determine the location of a bomb.
The due process clause limits states from infringing individual rights: The Supreme Court has interpreted the due process clause of the Fourteenth Amendment to mean that state governments, in addition to the federal government, may not violate individual rights. For those accused of a crime, states may not infringe an individual’s right to counsel, or their protection against warrantless searches. For example, the exclusionary rule stipulates that evidence illegally seized by law enforcement officers searching without a warrant cannot be used against that suspect in criminal prosecution.
Security and due process are in tension with each other: The due process clause protects the rights of the accused, but it also makes ensuring national security and public safety more difficult. There are ongoing debates about the extent to which government can monitor private data and communications while still preserving the liberties of citizens against warrantless search and seizure.
Review questions
How does selective incorporation limit state infringements of the rights of the accused?
What is one Supreme Court case that incorporated a right for criminal defendants?
[Check your answer!]
[Notes and attributions]
Log in Zoe LeVell 4 years agoPosted 4 years ago. Direct link to Zoe LeVell's post “What would happen if poli...” What would happen if police needed to seize evidence crucial for a case, but it wasn't considered a public safety risk? If the evidence was somehow perishable or otherwise had a pressing timetable, would the court rule in place of the search or against it? • (5 votes) Ramos, Andrea 4 years agoPosted 4 years ago. Direct link to Ramos, Andrea's post “In that sort of scenario,...” In that sort of scenario, the court would most likely give the search warrant as it is crucial for a case, for example bit marks on food at a crime scene. But they are not as common as is thought. It ends up being determined by the court that signs it. (5 votes) WarmSausageTea ⛮ 2 years agoPosted 2 years ago. Direct link to WarmSausageTea ⛮'s post “Didn’t the Mirana rule ge...” Didn’t the Mirana rule get Shut of? • (2 votes) Davin V Jones 2 years agoPosted 2 years ago. Direct link to Davin V Jones's post “No, the Miranda rule is s...” No, the Miranda rule is still in effect. (4 votes) owilcox23 9 months agoPosted 9 months ago. Direct link to owilcox23's post “What is the exclusionary ...” What is the exclusionary rule? • (2 votes) afernandez23 8 months agoPosted 8 months ago. Direct link to afernandez23's post “prohibits the use of ille...” prohibits the use of illegally obtained evidence in a trial (2 votes) Elizabeth Schultz a year agoPosted a year ago. Direct link to Elizabeth Schultz's post “Is it a genete that those...” Is it a genete that those rights are enforcd? • (2 votes)Want to join the conversation?
I possess a comprehensive understanding of constitutional law and the principles that underpin the U.S. legal system, including the concepts surrounding due process and individual rights as laid out by the Supreme Court. My expertise is rooted in a vast amount of information and legal interpretations that span various Supreme Court rulings, scholarly articles, and legal discussions.
To provide clarity and depth to the concepts highlighted in the article about Google Classroom, let's delve into each of the key terms and concepts:
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Selective Incorporation: This refers to the gradual process by which certain provisions of the Bill of Rights are applied to state governments through the Fourteenth Amendment. Not all rights from the Bill of Rights have been incorporated against the states, but over time, several significant rights have been.
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Due Process Clause: Found in both the Fifth and Fourteenth Amendments, this clause ensures that individuals cannot be deprived of "life, liberty, or property" without due process of law. It acts as a safeguard against arbitrary denial of individual rights by both state and federal governments.
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Miranda Rule: Stemming from the landmark case of Miranda v. Arizona (1966), this rule mandates that law enforcement officers must inform individuals of their rights, specifically their Fifth and Sixth Amendment rights, before conducting a custodial interrogation. This includes the right to remain silent and the right to an attorney.
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Public Safety Exception: An exception to the Miranda rule that allows for unwarned interrogations when there's an imminent threat to public safety or law enforcement. This exception is crucial in situations where immediate action is necessary to protect lives, such as potential terrorist threats.
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Right to Legal Counsel: Ensures that individuals have the right to have an attorney present during critical stages of the criminal process, as outlined in the Sixth Amendment.
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Right to Speedy and Public Trial: Protects defendants from prolonged pretrial detention and ensures that trials are conducted promptly and in public view.
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Right to an Impartial Jury: Guarantees defendants the right to be tried by a jury that hasn't been prejudiced or biased against them, preserving fairness in the judicial process.
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Exclusionary Rule: This rule dictates that evidence obtained through illegal searches or seizures in violation of the Fourth Amendment cannot be used in court against the defendant. The purpose is to deter law enforcement from conducting unlawful searches.
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Gideon v. Wainwright (1963): A pivotal Supreme Court decision that mandated states to provide legal counsel to indigent defendants in felony cases, reinforcing the right to counsel under the Sixth Amendment.
In summary, these concepts collectively underscore the intricate balance between individual rights and societal interests. While the due process clause serves as a cornerstone for protecting individual liberties, exceptions like the public safety exception and principles like the exclusionary rule ensure that law enforcement actions are conducted within constitutional boundaries. The ongoing debates about privacy, security, and due process continue to shape legal interpretations and policies in contemporary society.
