Procedural Safeguard Research Paper

"The history of liberty has largely been the history of observance of procedural safeguards." We agree with this quote because our country is based on the right to have our guaranteed protection of life, liberty and property. Two of the greatest procedural guarantees that insure liberty are the Fifth and Fourteenth Amendments. According to the Fifth Amendment, a capital crime is punishable by death, while an infamous crime is punishable by death or imprisonment. This amendment guarantees that no one has to stand trial for such a federal crime unless indicted by a grand jury. Further, a person cannot be put in double jeopardy for the same offense by the same government. The amendment also guarantees that a person cannot be forced to testify against himself, and forbids the government from taking a person's
Virginia (1967), which declared anti-miscegenation laws to be unconstitutional. The Fifth and Fourteenth Amendments included the greatest procedural safeguard, due process of law. In United States law, due process of law is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. The latter interpretation is analogous to the concepts of natural justice and procedural justice used in various other jurisdictions. Procedural due process is essentially based on the concept of "fundamental fairness." As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, and the opportunity to be heard at these proceedings. Procedural due process has also been an important factor in the development of the law of personal