answersLogoWhite

0


Best Answer

Due process states that our government must follow a certain procedure, for example when charging someone for a crime. This in this case includes reading the Miranda rights, letting you have an attorney, etc. Without due process, the government could mistreat citizens and throw you in jail without any restrictions.

User Avatar

Wiki User

13y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

11y ago

Procedural due process means that the government must follow the rules by which it has agreed to treat accused individuals. Procedural due process protects the fundamental rights given to individuals accused of a crime(Amendments 4th,5th,6th,8th). These amendments are known as the Rights of the Accused Amendments.

Due process includes the following: Arrest must be based on probable cause or on a warrant issued by a judge, and making sure the suspect is informed of their 5th and 6th amendment rights. In short, Procedural due process protects the rights of the accused by requiring the government to follow steps it has agreed to follow when charging an accused individual of a crime.

Substantive due process means that the laws themselves are fair and constitutional. In Furman v. Georgia, the Supreme Court ruled that the application of the Death Penalty statue was arbitrary. The ruling required states to place guidelines when addressing murder cases.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

The U.S. Constitution, Amendment V, states,

"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 offence 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 VI states,

"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 wherein 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 defense."

Amendment VII states,

"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 law."

Amendment VIII states,

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

When judges or other government officials are free to make up their own rules and decree any punishment for any person for any reason, this has never worked out well in terms of justice or fairness. It turns out that judges are imperfect human beings who may act vindictively, or foolishly, or may jump to conclusions, or may just not like people from some particular ethnic group, or religion, etc., and innocent people will suffer. Due process is designed to create conditions that will allow innocent people to escape punishment, and which generally restrain the impulse toward the exercise of arbitrary authority.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

you guys are so stupid it is that they are doing work individually

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

The due process does protect those accused of crime because it gives them a chance to defend themselves and allow themselves to gain what they believe is justice.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

Due process protects the rights of people accused of crimes by making sure that they have the right to an attorney as well as the right to a fair trial.

This answer is:
User Avatar

User Avatar

Wiki User

8y ago

5th amendment #

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: How does due process protect us citizens?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

How does amendment 4 protect us?

due process


What is a guarantee to us citizens that every protection of every law will be applied to them?

Life Liberty and the Pursuit of Happiness


A guarantee to US citizens that every protection of every law will be applied to them?

due process of law


How does the us government gurantee the freedom of us citizens?

it has set laws in it that protect citizens


What amendment guarantees due process?

The fifth and the fourteenth amendments both do. The fifth amendment is to protect against abuse of government authority in a legal procedure. The fourteenth amendment is to protect citizens from being deprived by governments or state.


The relocation of US Citizens of Japanese descent during world war ll was a violation of which constitutional principal?

The relocation of US Citizens of Japanese descent during World War II was a violation of the constitutional principle of due process as outlined in the Fifth Amendment, which guarantees that no person shall be deprived of life, liberty, or property without due process of law.


In what ways does the US Constitution protect citizens against unlawful prosecution?

It doesn't.


Mame the admendments that banned slavery declared all persons born or naturalized in the US to be citizens established due process and equal protection under law and established suffrage for black A?

The 13th amendment abolished slavery. The 14th amendment declared all persons born or naturalized in the US to be citizens. The 15th amendment established due process and the equal protection under the law and suffrage for blacks.


What is the process when a person from a foreign countries become us citizens?

The name of the process is naturalization.


The process of submitting to a direct vote of the citizens for approval of rejection?

The US Constitution provides for a process of submitting a direct vote of the citizens for a approval or rejection. This process is called a referendum.


Why are the laws of the United States important to us citizens?

to protect themselves and those around them.


Why couldn't Japanese immigrants become US citizens?

due to ww1