At some point, most Americans have had exposure to the Constitutional concept known as due process. It is referenced in both the fifth and fourteenth Amendments to the U.S. Constitution. The respective texts are as follows:
Fifth Amendment: “[Nor] shall any person… be deprived of life, liberty, or property, without due process of law…” This applies only to federal law.
Fourteenth Amendment: “[Nor] shall any State deprive any person of life, liberty, or property, without due process of law…. “ This invokes the state laws as well.
These clauses are interpreted by the Supreme Court in exactly the same way. In Rochin v. California 342 (1952), Justice Frankfurter of the U.S. Supreme Court held that a California law which “shocks the conscience” could not be enforced and, while admitting that the concept was nebulous, asserted that it existed in order to preserve the fairness and integrity of the system and that society expects judges to act impartially and to take into account precedence and social context.
Generally, the concept of Due Process assures that both civilians and alleged criminals have certain rights within our justice system.
Individuals are protected from the arbitrary denial of life, liberty or property by the government.
But what exactly is meant by the concept of “liberty”? It is not just protection from having our freedom of movement restricted. Liberty is expansive and applies to the full range of conduct which a person may pursue.
Property tends to speak for itself, but one can imagine a blurring of the line when one considers various forms of intellectual property.
And although many states have abolished the death penalty, there is a kernel for thought here as to the deprivation of life.
What “process” is actually due becomes the next question. Generally, such process entails an individual’s right to be notified of criminal charges or civil proceedings as well as the opportunity to maintain a defense of oneself or answer a civil suit. To do so, individuals need a hearing and a neutral judge. Alleged miscreants have rights regardless of whether the offense is a traffic ticket, a murder charge or a mental health issue.
It is clear that the due process clauses are among the most important laws in all of American jurisprudence.
On a lighter note, one area where due process is routinely denied involves bedtime for children. Although young voices are often raised in opposition to this fundamental denial of due process, parents are usually unmoved by their arguments!
