How Do Due Process Protections for the Accused Protect Us All?

The Founders paid close attention to the rights of the accused because they realized that the government had the power both to prosecute and convict. Protections were needed to guard against the government's abuse of these powers. Understanding how the Fourth, Fifth, Sixth and Eighth Amendments operate to guarantee such protection and how they work to ensure both individual liberty and limit government is vital to maintaining free citizenship. This lesson explores these amendments and the protections they provide.

Objectives

• Students will understand why criminal procedure protections came to be included in the Bill of Rights.
• Students will identify ways in which these protections serve to ensure liberty and limit government.
• Students will understand and articulate specific protections found in the Fourth, Fifth, Sixth, and Eighth Amendments.
• Students will evaluate Supreme Court rulings concerning the Eighth Amendment’s Cruel and Unusual Punishment Clause.

Student Handouts

• Handout A: Background Essay – How Do Due Process Protections for the Accused Aim to Protect Us All?
• Handout B: Criminal and Civil Procedure Protections
• Handout C: Defining Cruel and Unusual
• Handout D: Cruel and Unusual?

Teacher Resources

• How Do Due Process Protections for the Accused Protect Us All? Answer Key