In our series about the Fifth Amendment, we’ve covered pleading the fifth and double jeopardy. In a lot of ways, you could consider these as continuations of our series on legal jargon. Today, we cover “due process.” You may have heard that phrase thrown around. What is it? How does it work? What does it mean to have the right to due process? Keep yourself informed! Continue reading below to find out more about your right to due process.
The Fifth Amendment
First, let’s briefly review again what the fifth amendment says so that we can rightly understand the concept of the right to due process. The fifth amendment reads:
“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.”
Right to Due Process in the Fifth Amendment
Second, as you can see, the fifth amendment covers a plethora of legal issues and legal rights. You can read more about some of them here. For our purposes, due process means “the State must respect all legal rights” that a person legally has during all legal procedures. In other words, the government can’t just arrest you for any reason, throw in jail when you have the right to a trial, force you to testify against yourself in court, torture you, or treat you as if you’re sub-human. As a part of the US Constitution, you have this right at the state and federal level.
Right to Due Process for Your Case
Third, although the US Constitution protects this right for you, the judicial system is not perfect. Sometimes they violate people’s rights. What can you do about it? Contact the offices of Mark Catanzaro! With decades of legal experience, he’s the attorney to defend your rights!