Importance And Applications Of Due Process

Better Essays
Importance and Applications of Due Process Due Process found in the Fifth and Fourteenth Amendments is a cardinal proposition in the United States Constitution. Not only does it aim to restrict the power of federal and state governments, but it also provides adequate protection to all citizens. Chiefly influenced by a British Philosopher, John Locke, the Due Process Clause emphasizes the importance of “life, liberty, and property”. More specifically, any deprivation of the three freedoms can occur only through judicial and procedural safeguards (Smentkowski). First documented in the Magna Carta, the concept of legality became a constitutional guarantee that affords equal protection of the laws (Strauss). In fact, the Due Process Clause of the Fifth Amendment guarantees the fundamental rights of defendants and reinforces fairness in any legal procedure. Without Due Process, the less privileged would not have the right to legal counsel nor to remain silent during interrogation sessions. Due Process in the Fifth Amendment seeks to secure the rights of all citizens regardless of their age, background, or social status. Among the five clauses of the Fifth Amendment, the Due Process Clause provides a solid foundation for the equal protection. Whether a defendant is affluent or indigent, the Due Process Clause ensures that the defendant is given a fair trial. For instance, in Gideon v. Wainwright, Gideon, who was not able to hire an attorney, insisted on fighting for his
Get Access