Objective: Explain the extent to which states are limited by the due process clause from infringing upon individual rights.

Starter: What state has had the most executions since capital punishment was reinstated in 1976?

1.How accurate was your prediction?

2.Describe one geographical pattern you see in this map?

3.What do you think explains that pattern?

4.What portion of Americans favor the death penalty?

5.Why do you think that is the case?

6.Do you personally favor the death penalty?

7.What trend do you see in the number of executions in the US?

8.What is one explanation for that trend?

9.Based on public opinion and the trend in the total number of executions, would you say that the number of executions is based on public opinion on this issue?

10.Was the death penalty a big issue in the 2016 presidential election?

11.Based on all the data from the charts above, do you imagine the death penalty will be legal in 2024?

12.What is most surprising about any of this information?

13.What country do you think executes the highest number of its own citizens?

14.Where do you the US falls on that list?

Recap: Explain the implications of the doctrine of selective incorporation.

Review: Let's go outside and make a circle!

Practice Questions

Due Process and the Rights of the Accused

Constitutional Protections
  • Habeas corpus
  • No bills of attainder
  • No ex post facto laws
4th Amendment
  • No unreasonable searches or seizures
  • Exclusionary rule
5th Amendment
  • Miranda rule
6th Amendment
  • ​Right to counsel

Mock Supreme Court Conference: Due Process, & Cruel and Unusual Punishment

Digital copy here!  Check the cases on oyez.org after you finish debating.

Closer: Explain the extent to which states are limited by the due process clause from infringing upon individual rights.

On Deck

Next Topic: Due Process and the Right to Privacy
Textbook: Read 4.7-4.8 (pp. 121-125)