Due Process Under the 5th Amendment
Procedural process due under 5th Amendment
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Procedural process due under 5th Amendment
One of the four elements of the 5th Amendment is due process which states that a person cannot be deprived of life, liberty or property without due process of the law (Legal Information Center , n.d. ). Due process is divided into two major elements; substantive due process and procedural due process. Procedural due process highlights the notion of fundamental fairness in that a defendant must be notified/understand the charges against them in addition to understanding all the phases of proceedings. Substantive due process on the other hand is about a number of rights that are outside the context of criminal proceedings (Legal Information Center , n.d. ). These include the right of privacy and the right to call a witness to testify on your behalf or a subpoena. Since due process is generally a wide topic, the context of this paper will concentrate on substantive due process more specifically subpoenas.
Under the due process, defendants or plaintiffs have a right to subpoena witnesses to testify on their behalf through their legal counsel or through the judicial system. This right is a common phenomenon in America for example the Las Vegas Municipal court clearly outlines the rights of a defendant in their plea waiver form and most notable is the right to call a witness to testify or not testify on your behalf by issuing a subpoena (Las Vegas Municipal Court , n.d.). A subpoena is a legal document that summons or notifies someone to testify before the court or bring certain physical evidence that relates to the case in question. There are two types of subpoenas; subpoena ad testificandum and subpoena duces tecum.
The former is an order to a witness to testify before the court either in person or through the phone and failure to testify results in punishment. Subpoena duces tecum on the other hand is an
Student’s Name:
Instructor’s Name:
Procedural process due under 5th Amendment
One of the four elements of the 5th Amendment is due process which states that a person cannot be deprived of life, liberty or property without due process of the law (Legal Information Center , n.d. ). Due process is divided into two major elements; substantive due process and procedural due process. Procedural due process highlights the notion of fundamental fairness in that a defendant must be notified/understand the charges against them in addition to understanding all the phases of proceedings. Substantive due process on the other hand is about a number of rights that are outside the context of criminal proceedings (Legal Information Center , n.d. ). These include the right of privacy and the right to call a witness to testify on your behalf or a subpoena. Since due process is generally a wide topic, the context of this paper will concentrate on substantive due process more specifically subpoenas.
Under the due process, defendants or plaintiffs have a right to subpoena witnesses to testify on their behalf through their legal counsel or through the judicial system. This right is a common phenomenon in America for example the Las Vegas Municipal court clearly outlines the rights of a defendant in their plea waiver form and most notable is the right to call a witness to testify or not testify on your behalf by issuing a subpoena (Las Vegas Municipal Court , n.d.). A subpoena is a legal document that summons or notifies someone to testify before the court or bring certain physical evidence that relates to the case in question. There are two types of subpoenas; subpoena ad testificandum and subpoena duces tecum.
The former is an order to a witness to testify before the court either in person or through the phone and failure to testify results in punishment. Subpoena duces tecum on the other hand is an
References: Kaczmarek, K. (2011, June 8). What Are Your Rights When Served With a Subpoena? Retrieved February 26, 2012, from ehow: http://www.ehow.com/info_8561761_rights-served-subpoena.html Las Vegas Municipal Court . (n.d.). Plea Waiver Form . Retrieved February 26, 2012, from Las Vegas Municipal Court: http://www.lasvegasnevada.gov/files/Plea_Waiver_Form.pdf Legal Information Center . (n.d. ). Legal Information Center . Retrieved February 26 , 2012, from Get Legal : http://public.getlegal.com/legal-info-center/fundamental-rights/5th-amendment Maarv, H. (2011, July 6). Can I Serve a Subpoena to Anyone if I Need Him in Court? Retrieved February 26, 2012, from ehow: http://www.ehow.com/info_8698507_can-anyone-need-him-court.html