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Due process under the Amendments to the U.S. Constitution can be broken down into two categories:
Substantive due process
Procedural due process.
Both are based on fundamental fairness. For example, the Fourth Amendment protects citizens against government unreasonable search and seizure of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must follow to ensure fair treatment of persons arrested for crimes.
Preparation
Analyze the following U.S. Supreme Court cases:
Byrd v. United States.
Chavez v. Martinez.
Instructions
Write a 3–4 page paper in which you:
Explain the substantive and procedural protections afforded by the Fourth, Fifth, and Sixth Amendments for defendants charged with crimes today.
Explain due process and how the Fourth, Fifth, and Sixth Amendments comply with the requirements of due process.
Prepare a one-page brief of Byrd v. United States explaining how the test for privacy and Fourth Amendment search and seizure requirements are validated in the case.
