Due Process and the RIGHTS of the ACCUSED [AP Gov Review, Unit 3 Topic 8 (3.8)]
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- čas přidán 9. 09. 2024
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In this video Heimler walks you through Unit 3 Topic 8 (3.8) of the AP Government curriculum which covers the rights of the accused codified in the Bill of Rights. This includes protections against warrantless searches and seizures, guarantees of a lawyer in court, etc.
All of these rights have been incorporated to the states through the 14th amendment via the process of selective incorporation. For example, Gideon v. Wainwright incorporated the right to a lawyer for the accused to the states.
*Miranda v Arizona*
*(not part of AP Gov)*
- incorporated the fifth amendment.
- established the ‘Miranda rule/rights’.
-> “You have the right to remain silent, anything you can and will be used against in a court of law. You have the right to an attorney…”
- applied being a witness to your own incrimination to a person being held in state custody, not just federal custody.
- *public safety execution.*
*Gideon v Wainwright*
*(required)*
- incorporated the sixth amendment.
Thank you very much for making these daily videos. I'm not in AP Gov, but I have learned a lot from them.
My problem with the "due process" requirement is that it allows the outcome to be profoundly unjust. A government can be conducting a neo-Stalinist show trial, but as long as they pay lip service to following all the rules, it is OK to have a profoundly unjust outcome.
Thank you for your help!
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