John Ditchburn July 10, 2005
|
Due Process and Civil Liberties |
|
Due Process - The Government must act fairly and in accord with established rules or procedures. There are 2 types of Due Process guaranteed by the constitution. The 5th Amendment Procedural Due Process = the ways government act must be fair The 14th Amendment Substantive Due Process = the laws under which it acts must also be fair Rights implied by Due Process in the 4th and 15th amendments to the constitution include 1. The right to privacy Interpreted under Roe v Wade as a woman's right to body privacy, and abortion 2. The right to be secure in your person and property - no illegal police searches 3. The freedom from illegal seizure of yourself or your property. This means you can't have your things taken for no reason, nor can you be jailed for no reason. 4. The right to a Grand Jury if charged with a serious crime. This means a group of 16-23 peers will decide if there is enough evidence for a formal trial. If they decide there isn't enough evidence, charges are dropped. 5. You can't be subject to Double Jeopardy - or a person can't be tried for the same crime twice. 6. People are entitled to a trial by an impartial jury of their peers. 7. The right to have an adequate defense if a person does go to trial for a crime. 8. People, generally, can't be forced to incriminate themselves. Also know as "You have the right to remain silent," as officer state when placing a person under arrest. There are many more rights and liberties accorded by the Constitution - These liberties are accorded by the Due Process Clauses under the 5th and 14th amendments. |
 |
Links: |