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Rights or prpoperty without due process
Due process generally refers to fairness in government proceedings. A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment, which occurs when an innocent person is wrongly convicted. Due process requirements apply to such government proceedings as trials, parole hearings, and administrative hearings involving benefits, among others.
The Due Process Clause(s) is supposed to ensure laws and the judicial process are applied in a way that protects and preserves a defendant's constitutional rights. Ideally, the Due Process and Equal Protection Clauses work together to provide all people under US state and federal jurisdiction with the same level of protection, regardless of their personal characteristics (class, race, etc.). The Fifth Amendment Due Process Clause was originally intended to guarantee the federal government could not take away a person's "life, liberty or property" without a fair trial or hearing. The Fourteenth Amendment requires states to adhere to principles of due process in both the Fifth and Fourteenth Amendments. Amendment V 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 be subject for the same offense to be twice put in jeopardy of life or limb; 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 XIV Section 1 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. For more information, see Related Links, below.
The fourth amendment protects citizens from searches and seizures without due process of law. This and the fifth amendments' clause concerning due process has been interpreted by the supreme court to protect these rights.
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