What Is Due Process?

Due process is the notion that all must be treated when resolving any legal matters and adhere to established rules and principles in the law. Due process applies to both civil and criminal matters. It is the relationship individuals expect to hold with their local, state, and federal governments. It centers around the idea that the individual’s rights will not be violated during legal proceedings.

Where Are Due Process Rights Mentioned?

The Constitution is the primary document that shapes the law of due process. It defines the phrase and determines how the protections must be applied. It is mentioned only twice as a protection applied against actions by the national government in the Fifth Amendment and as a protection applied against state government actions in the Fourteenth Amendment.

According to the Bill of Rights Institute, the Fourth Amendment instructs that the government must follow the law when collecting evidence and seeking to accuse an individual of having committed a crime. This applies to situations of unreasonable searches and seizures, too. Law enforcement officials must establish probable cause before a judge to obtain a warrant.

The intended purpose of this rule is to prevent anyone from invading your privacy rights. Moreover, any evidence gathered due to questionable or illegal government conduct cannot be permitted in court under a doctrine of the Fourth Amendment known as the “Exclusionary Rule.”

The Fifth and Sixth Amendments also protect due process for determining guilt. These are commonly referred to as the “Miranda Rights.” It is the right to remain silent and not self-incriminate. Furthermore, the Sixth Amendment ensures access to legal counsel for anyone who cannot afford one.

The above mentioned are the commonly used due process forms in the justice system. However, as stated earlier, the entirety of the Constitution is built on protecting the rights of its people. Therefore, you will find other provisions protecting those rights, such as a right to a speedy trial.

Lastly, the Eighth Amendment emphasizes that “the punishment must fit the crime” and bans the government from imposing wildly disproportionate financial penalties. Some critics argue that the rights can be interpreted too broadly. Others believe that the Miranda Rule can obstruct the interrogation of suspects.

There are some doubts about the legality of the death penalty and the mandatory life sentences for anyone under 18. Each jurisdiction has its regulations regarding the use of these penalties. The core law behind penalties is that they must not be cruel or unusual punishment.

The Fourteenth Amendment’s Due Process Clause states that “no state may deprive any person of life, liberty, or property, without due process of law,” according to the Constitution. The Supreme Court has determined that the Fifth Amendment applies to federal government actions, and the Fourteenth Amendment binds the states.

There are different types of due processes that the Constitution guarantees. For instance, the Fourteenth Amendment’s Due Process Clause guarantees procedural due process. This implies that the government must adhere to certain procedures before it may deprive a person of a protected life, liberty, or property interest. The Court further interpreted the Clause to include substantive due process, meaning that there are certain fundamental rights that the government may not infringe upon. Both procedural and substantive due processes must be respected throughout the legal system.

Moreover, the Bill of Rights restricts the federal government’s actions but not the state government. The Fourteenth Amendment allows the pathway for states to be protected. The Bill of Rights ensures the federal government does not violate its citizens’ rights.

However, following changes to the Fourteenth Amendment Due Process Clause, there are also no limitations for the states. This doctrine is called incorporation against the states through the Due Process Clause. Lawyers often bring the Litigant’s constitutional challenges to state government action in court. They point to procedural or substantive due process principles or demonstrate that state action violates the Bill of Rights. The Due Process Clause of the Fourteenth Amendment stands as a basis for many Supreme Court cases challenging the state’s actions.

Additionally, the Fourteenth Amendment bans states from stripping any person of life, liberty, or property without due process of law. The Supreme Court has determined that this protection reaches all natural persons regardless of race, color, or citizenship. This means that a broad range of rights is provided for citizens who seek justice through the legal system.

Below is some historical context for when the courts decided to protect corporations with the Due Process Clause. As early as the 1870s, the court accepted that the Clause protects corporations, at least in some circumstances. In 1877, during the Granger Cases, the court approved various state laws without questioning whether a corporation could raise due process claims. Subsequent decisions of the Court have held that a corporation may not be deprived of its property without due process of law.

However, in multiple other cases involving the liberty interest, the court held that the Fourteenth Amendment protects the liberty of natural persons, not artificial ones. But, the court permitted corporations to bring claims not based on the property interest. Although there are some variations in history regarding accepting corporations in terms of providing them with due process rights, jurisdictions now permit them to bring legal claims as needed.

What Are the Types of Due Processes?

According to Investopedia, there are two different kinds of due process. It is outlined in both the Fifth and Fourteenth Amendments to the Constitution. Each guarantees that every person or entity is treated equally and justice with due process of law. The exact verbiage is mentioned in the earlier sections. The due process clause provides several types of protection.

The procedural due process mandates that when the federal government acts in a way that denies a citizen of a life, liberty, or property interest, the person must be provided with notice. They further state that an opportunity to be heard must be given, and a neutral decision-maker must decide. These rights are in place to ensure equal access to everyone seeking justice from the law. The justice system must uphold these values.

Moreover, substantive due process is a concept that allows courts to preserve certain fundamental rights from government interference. This is in addition to procedural rights and other rights not mentioned in the U.S. Constitution.

Due process is an important principle both state and federal courts uphold in their justice systems. The laws and statutes are written based on the notion that everyone deserves equal treatment in the court of law. Laws written not to violate due process are least likely to be struck down by the courts.

When Do I Need to Contact a Lawyer?

Due process is an integral part of the American legal system. Each individual has a right to have the opportunity to express themselves before any judgment is made against them in the courts. If you believe your due process rights have been violated, contact a local government lawyer to assist you further. Both state and federal courts safeguard each person’s due process rights.