What is Due Process?

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Back in the days the courts were hit or miss and if you were on the right side you received due process, but if you were on the wrong side maybe not. The system was broken well before the new United States was born so the founding fathers know that laws would have to be set up to control this new land but so would rights also be needed. Let us now take a look at the system called Due Process and its roots. Due Process What is Due Process. The United State or any state may not deprive citizens of “life, liberty, or property” without due process of law. This right is given under the articles of the constitution and is found in more than on the section that the government has to follow rules and established procedures in everything it does. It cannot, for example, skip parts of trials, or deny citizens their rights as protected by the Bill of Rights and by law. This protection helps to ensure justice for all free and naturalized citizens Due process protection has its roots in the Magna Carta, which we learn in Unit 1: The Magna Carta and the Constitution It was when King John promised that no free man shall be taken or imprisoned or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land. The Magna Carta’s part in ensuring basic rights and freedoms for the English. As many of the founders were trained in law in England this is why the system was used. Fifth and the Fourteenth Amendment’s
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