Due Process



Due Process
Due Process of the law, a legal principle, is a guaranteed right that was provided to us by the Constitution and it simply means we have protections. These rights that are guaranteed to us are “life, liberty and property without a chance to defend them”; some also believe that we also have the right to a “pursuit of happiness”. (Bill of Rights). When we think about Due Process we need to think fair process or fair procedures. This practice is known as Procedural Due Process. “Standing by itself, the phrase “due process” would seem to refer solely and simply to procedure, to process in court, and therefore to be so limited that “due process of the law” would be what the legislative branch enacted to be” (Heritage.org/constitution) . The Fifth Amendment states that we have the right to due process. Which if you are accused of a crime it means that the accusers must show fair and reasonable circumstances. Due process means that you have the rights to show cause and be taken to court swiftly. This process is called an arraignment. This right is one of the guarantees of the Fifth Amendment. The Constitution clearly defined and separated federal and state powers. The Constitution also provides the protection of individual rights which include but are not limited to a trial by jury if it is a criminal case. Because of the fifth and the fourteenth amendment we have certain guaranteed due process of law simply means that we have protection against a chance deprivation of life, liberty or property. The fourteenth amendment is the actual key that opens the door for the federal government to make sure that the states laws are lining up with the Constitution and the Bill of Rights. The Clause In other words and basically means “fundamental fairness”.(Constitution and the Bill of Rights). The definition of fairness is the condition of being just and impartial. That is what is alluded to and a guaranteed of the federal and state laws...
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