274
Opinion of Rehnquist, C. J.
We think this principle is likewise applicable here. The Framers considered the matter of pretrial deprivations of liberty and drafted the Fourth Amendment to address it. The Fourth Amendment provides:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
We have in the past noted the Fourth Amendment's relevance to the deprivations of liberty that go hand in hand with criminal prosecutions. See Gerstein v. Pugh, 420 U. S. 103, 114 (1975) (holding that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to any extended restraint on liberty following an arrest). We have said that the accused is not "entitled to judicial oversight or review of the decision to prosecute." Id., at 118-119. See also Beck v. Washington, 369 U. S. 541, 545 (1962); Lem Woon v. Oregon, 229 U. S. 586 (1913). But here petitioner was not merely charged; he submitted himself to arrest.
the elements of a criminal case beyond a reasonable doubt]—basic in our law and rightly one of the boasts of a free society—is a requirement and a safeguard of due process of law in the historic, procedural content of "due process." ' " Id., at 362, quoting Leland v. Oregon, 343 U. S. 790, 802-803 (1952) (Frankfurter, J., dissenting).
Similarly, other cases relied on by the dissent, including Mooney v. Holohan, 294 U. S. 103 (1935), Napue v. Illinois, 360 U. S. 264 (1959), Brady v. Maryland, 373 U. S. 83 (1963), Giglio v. United States, 405 U. S. 150 (1972), and United States v. Agurs, 427 U. S. 97 (1976), were accurately described in the latter opinion as "dealing with the defendant's right to a fair trial mandated by the Due Process Clause of the Fifth Amendment to the Constitution." Id., at 107.
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