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Due Process
8 14
What is due process?
Due process, for the people of the United
States, refers to
• how laws are enforced
• why laws are enforced
• due process applies to all persons
• citizens, immigrants or aliens
• as well as to corporations.
What does the term due process mean?
• (law) the administration of justice
according to established rules and
principles; based on the principle that
a person cannot be deprived of life or
liberty or property without appropriate
legal procedures and safeguards
What parts of the Constitution
guarantee citizens due process?
Amendment 4
• The right of the people to be secure in
their persons, houses, papers, and
effects, against unreasonable searches
and seizures, shall not be violated, and
no Warrants shall issue, but upon
probable cause, supported by Oath or
affirmation, and particularly describing
the place to be searched, and the
persons or things to be seized.
Amendment 5
• No person shall be held to answer for a
capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand
Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual
service in time of War or public danger; nor
shall any person; nor shall be compelled in
any criminal case to be a witness against
himself, nor be deprived of life, liberty, or
property, without due process of law; nor
shall private property be taken for public
use, without just compensation.
Amendment 6
• In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and
district where in the crime shall have been
committed, which district shall have been
previously ascertained by law, and to be
informed of the nature and cause of the
accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his
Amendment 7
• In Suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by
a jury, shall be otherwise re-examined
in any Court of the United States, than
according to the rules of the common
Amendment 8
• Excessive bail shall not be required,
nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Amendment 14
All persons born or naturalized in the United
States, and subject to the jurisdiction
thereof, are citizens of the United States and
of the State wherein they reside. No State
shall make or enforce any law which shall
abridge the privileges or immunities of
citizens of the United States; nor shall any
State deprive any person of life, liberty, or
property, without due process of law; nor
deny to any person within its jurisdiction the
equal protection of the laws.
Due Process
• 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
Generally, due process guarantees the
• 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
Writing Activity
• Using the slide that explained the
guarantees of due process to write an
essay explaining what amendments
give citizens these rights of due