14th Amendment

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Due process is one of the fundamental elements of the criminal and civil law system in our country. This process ensures that every single person convicted or charged with a crime has a fair and unbiased treatment at every stage of criminal proceedings. Because without these rights written out people would be partial to different people and crimes. For example, people feel a larger moral sense of protection to want to harshly retaliate against someone who murders someone compared to a kid arrested for stealing some candy bars. These amendments protect those who that become subjected to prejudices for the crime they committed, their looks, ethics, culture and so on. Despite that these amendments are federal law, no system is perfect and …show more content…
However, the safety net, so to say, is there just in the small chance that someone wants to take matters into their own hands without the law having a say.The amendments that set up this right of due process were the fifth, sixth, and fourteenth amendment. The first two are a part of the Bill of Rights, and are therefore given to any citizen or person convicted in the U.S. judicatory system, and no violation of these rights for any reason. The fifth amendment guarantees the right against self-incrimination, against “double jeopardy’, a grand jury present for indictment, and this all comes into the overall right to due process. Self-incrimination allows a person to refrain from testifying against themselves in court if they feel that it will not do any good in their favor. This relates because it allows the defendant a fair trial and keeps them from forcement of questioning. The double jeopardy clause inhibits the state from putting the defendant through another trial for the same case after an acquittal or a conviction, and it also ensures that the defendant will not receive multiple punishments for the same offense. This clause is very important as it keeps all rulings for an offense thats acquitted or convicted final and unchangeable. Thus protecting defendants from unfair reopening of a case that the court system has deemed …show more content…
They would just be a waste of time for the court systems and keep real cases from trial. The due process clause protects these rights given to everyone and protects them from any chance of violation. Due process includes two different aspects procedural due process and substantive due process. Procedural in the stages of litigation as to provide a fair starting point for the judicial system to accurately render judgement.Substantive due process protects those given fundamental rights from any government interference. The fifth amendment is somewhat of the basis of due process , however the sixth amendment is very prominent in the clause of due process. The sixth amendment ensures a speedy trial. A speedy trial means that a defendant cannot be kept in jail for an indefinite period. There has shown that when this postponement occurs evidence disappears, witnesses disappear, and memories of the events begin to fade or alter from the truth. When a person has their trial prolonged it becomes unfair and they are not subjected to real sentencing, instead they are automatically condemned as guilty without anyone proving this right. Another right that the sixth amendment gives is that to an
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