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Speak Up! - View Question #246 |
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Question: What is Due Process?
Answer: In the Magna Carta, due process is referred to as 'law of the land' and 'legal judgment of his peers.' Some state constitutions continue to use these phrases.
Due process, in the context of the United States, refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations.
The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments, agencies, and courts.
Generally, due process guarantees the following (this list is not exhaustive):
-Right to a fair and public trial conducted in a competent manner
-Right to be present at the trial
-Right to an impartial jury
-Right to be heard in one's own defense
-Laws must be written so that a reasonable person can understand what is criminal behavior
-Taxes may only be taken for public purposes
-Property may be taken by the government only for public purposes
-Owners of taken property must be fairly compensated
For a greater discussion of Due Proccess, Visit USConstitution.net.
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