People who are facing criminal charges often wonder what their rights are. The fact is that there are many rights that these individuals have throughout the criminal justice process. One of them is due process, which is a constitutional principle that guarantees fairness and legal proceedings.
Due process protections are contained in the Fifth and Fourteenth Amendments of the United States Constitution. At their core, these ensure that the government can’t take away a person’s life, liberty or property without following clearly established rules and procedures.
The Fifth Amendment applies to federal actions, but the Fourteenth Amendment extends those protections to actions taken by local governments and state governments. Together, these amendments offer comprehensive coverage for people who are in this country.
Types of due process
There are two types of due process that apply in these cases. Both of these are more than just technical terms. Instead, they are principles that apply in criminal trials, as well as civil proceedings and administrative hearings.
Procedural due process focuses on how the law is enforced. This type ensures things like a timely notice, impartial decision makers and getting a fair hearing.
Substantive due process deals with what the law is. This type ensures that laws themselves are just and fair.
Because due process is a constitutional right, it’s critical that anyone facing criminal charges is provided the protections it offers. Issues with due process should be taken seriously, so defendants should have someone on their side who understands these principles and can assist them with ensuring they’re upheld and know what actions to take if they aren’t.
