Due Process Under the 5th Amendment

Topics: Subpoena ad testificandum, Subpoena duces tecum, Subpoena Pages: 3 (1065 words) Published: September 23, 2012
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...

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
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