3.8 Amendments: Due Process and the Rights of the Accused

Announcements:

Welcome to another week of online learning! It looks like the Missouri Constitution test was a success and you have cleared that hurdle towards graduation. This week, we will continue our examination of civil liberties, specifically looking at Amendments 2-8. Like past weeks, this will consist of daily posts, Khan Academy modules, videos, and multiple Supreme Court cases. You can find our weekly planner here. Remember that posts are in reverse order.

Please continue to stay on top of the content as all of this material is part of Unit 3 which will be tested on the AP exam on May 11th.

In addition to reading today's post, please make sure you:

1. Read the Street Law summary on Gideon v. Wainwright (required case).
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
3. Watch the Khan Academy videos on the 5th & 6th Amendments
4. Complete the self-assessment on Rights of the Accused
5. Google Meet Optional check-in to ask questions and clarify any concepts. Join either one of our meeting times at 10:30am or 1:00pm (see weekly planner for links)

READING: 85-126 in Edwards

UNIT THREE Identification Terms 

Today's Essential Question: How does the government effectively balance the 5th and 6th Amendments’ rights of the accused with the need to maintain social order?

Learning Standards:

LOR-2.D: Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety.

LOR-3.B.2: The Miranda rule involves the interpretation and application of accused persons’ due process rights as protected by the Fifth and Sixth Amendments, yet the Supreme Court has sanctioned a public safety exception that allows unwarned interrogation to stand as direct evidence in court. 

LOR-3.B.3: Pretrial rights of the accused and the prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not eclipsed by the need for social order and security, including: 

1. The right to legal counsel, a speedy and public trial, and an impartial jury 
2. Protection against warrantless searches of cell phone data under the Fourth Amendment 
3. Limitations placed on bulk collection of telecommunication metadata (Patriot and USA Freedom Acts)

LOR-3.B.4: The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by: 

1. Gideon v. Wainwright (1963), which guaranteed the right to an attorney for the poor or indigent 
2. The exclusionary rule, which stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution

Rights of the Accused

Similar to the 4th Amendment and the protection of unwarranted searches, the government must balance the rights of the individuals and those accused of a crime with the need to maintain order and promote public safety. The various rights expressed in both the 5th and 6th Amendments were seen as essential in the early days of the republic and were rooted in grievances against prior English practices. In the 20th century, many of these rights were incorporated at the state level through a series of court decisions, most notably Gideon v. Wainwright and Miranda v. Arizona.

Review Videos: