What is due process? Create a definition in your own words; provide specific, constitutional foundations for due process and create your own assessment of its significance in the criminal justice process today. Make sure that your primary response explains the notion of ethics and fairness, as these terms relate to criminal due process
Due process is the legal requirement that the government must follow fair procedures when depriving a person of life, liberty, or property. This means that the government must give the person notice of the charges against them, an opportunity to be heard, and the right to challenge the evidence against them. The government must also use fair procedures when collecting evidence, such as obtaining a warrant from a judge.
The constitutional foundations of due process are found in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment guarantees due process to all persons accused of federal crimes. The Fourteenth Amendment guarantees due process to all persons within the jurisdiction of the United States, including those accused of state crimes.