Due Process Of The Fourteenth Amendment Essay

Due Process Of The Fourteenth Amendment Essay

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Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government.
Due process is believed to have originated after the creation of the Magna Carta by King John in 1215. Chapter 39 states “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by lawful judgement of his peers or by the law of the land” “Magna Carta”. During English Common Law the king had control over the subjects of their land. The Magna Carta was created to wedge the animosity between the king and his subjects. And also governance over the king making him susceptible to punishments.
The Fifth Amendment prevents a person from being convicted of a crime without the opportunity of a trial jury of their peers. It also prevents double jeopardy as well as having to testify against oneself. If an individual is subjected to any of these terms, their inalienable rights provided by the Constitution are violated. The Fifth Amendment dealt with the formation of the Bill of Rights. Under the Fourteenth Amendment citizen rights and their equal protection was addressed. The Fourteenth Amendment was ...


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... Amendment Constitutional right before they are interrogated. The Fifth Amendment protect against self-incrimination. Each of these individuals were badgered into giving a confession without first being informed of their right to remain silent, or their right to an attorney. Because of a law enforcement official failure to relay these rights to these defendants, their admissions to the crimes committed were inadmissible.
The Supreme Court case of Gideon v Wainwwright 1963 was decided March 18, 1963. The petitioner Clarence Earl Gideon, after being charged with a felony, was denied his right to counsel. His failure to be appointed and attorney resulted in him being convicted of a felony charge. The Supreme Court ruled that state government must adhere to all federal rules and regulations. The right to counsel assist defendant in assuring there due process is met.

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