Due process

Development of the Due Process- Protecting Rights of the Accused

  • Mapp Vs. Ohio

    Mapp Vs. Ohio
    Police searched a woman's house without consent and unwarranted and found obscene material. Case made it to the Supreme Court where they ruled she was violated of her rights under the 4th amendment due to the right of being her privacy protected in her home from unlawful searches and seizure. The landmark case created the exclusionary rule which dismisses any evidence in court that was obtained illegally ex. warrantless searches without consent giving.
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    Bill of Rights

    Bill of Rights was added to the constitution in order to protect civil liberties and limit the national government's power. Among the 10 amendments were the 4th.5th,6th, and 8th amendment which are known as the due process amendments which are used later to help protect the rights of the accused.
  • Gideon Vs. Wainright

    Gideon Vs. Wainright
    Gideon was charged with petty larceny and was found guilty and had to serve 5 years in prison. However, Gideon asked for representation but state law in Florida stated that lawyers were given for capital crimes. Supreme court ruled that it was unconstitutional (6th amendment) to not give Gideon a lawyer because it denied his right of having a fair trial. Gideon had a retrial and ended up being acquitted. As a result 2,000 people were freed in Florida and now everyone has a right to an attorney.
  • Miranda Vs. Arizona

    Miranda Vs. Arizona
    Miranda kidnapped a girl and was arrested and during questioning he was not informed of his rights. Miranda confessed after hours of interrogation. Supreme court took the case and ruled that it violated the 5th amendment of self incrimination. By not notifying someone of their rights they violate the 5th amendment. The case was landmark because it made the Miranda rights which need to be told to every perosn after their arrest. Notifies them of right to counsel and to be silent.
  • Gregg Vs Georgia

    Gregg Vs Georgia
    Gregg robbed a convenience store and shot a man and was charged with armed robbery and murder. Georgia had the death penalty for serious crimes like murder. Gregg and his defense went to the supreme court under the idea that capital punishment was cruel and unusual. Supreme court ruled that punishment was not violation of the 8th amendment due to the extreme nature of the crime. Landmark case because Supreme Court allows capital punishment according to their interpretation.