TUESDAY CLASS

LEARNING TARGET: Which provisions of the 5th, 6th and 8th Amendments are encompassed within the Constitutional meaning of the broad term "due process?"

* discuss GIDEON V. WAINWRIGHT (1964)

Issues: (1) Does the right to counsel mean only that an accused must have the OPPORTUNITY to have a lawyer, or also that he must be provided one if he can't afford it? (2) Assuming there is a right to be provided counsel, as was already the case in FEDERAL courts, is this right INCORPORATED so as to apply to STATE court trials? (3) Does the right to be provided counsel apply to ALL criminal charges, or only to CAPITAL charges?

* discussion -- how does the 14th Amendment extend due process provisions of the Bill of Rights to STATE and LOCAL governments, as opposed to the FEDERAL(national) government intended by the ORIGINAL writers of the CONSTITUTION and BILL OF RIGHTS? [DOCTRINE OF INCORPORATION -- handout]

Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

* STREET LAW study guide #5: 5th and 6th Amendments


HOMEWORK: For Thursday, read 5th and 6th Amendment packets (bring packets to class Thursday)


* exam #3 -- part 1 (closed book) is NEXT WEDNESDAY, April 2nd; part 2 (open book) is NEXT THURSDAY, April 3rd