Due Process Clause

Great Essays
The Constitution of the United States the preamble introduces and states that the government comes from the founding fathers and the people. The Constitution is a well-organized and well thought out document that is detailed and gives us a guideline for the government and citizens of the United States. For example, the Constitution states that as a government we provide a better cooperation among the states interest in justice and peace that provides for defense against foreign enemies that promotes the general well being of the people and secures liberty now and in the future. The constitution is built upon freedom and the principles of the Constitution that remains strong till this day especially with respect to our government and the Bill …show more content…
The due process clause is the basis for many of the rights afforded to defendants and there are procedures followed in a criminal case. The due process law terms are interpreted to mean that criminal procedures are supposed be fair and just. There are two due process laws one is a procedural due process law. The procedural due process means the defendant can be punished and they must be given an opportunity to contest the charges against them and to be tried by a fair and impartial judge. The second is called subjective due process that means that the punishment must fit the crime. Nevertheless, the due process clause is also stated in the 14th amendment. Explaining the due process clause there are a lot of procedures that are required that a judge is to instruct the juries that the defendant is presumed innocent of the charges against them and also that the defendant guilt to be proven beyond a reasonable doubt, and the defendant has a fair opportunity to present evidences to the jurors and courtroom. Some of the procedures that are stated in the clause is that the defendant is able to wear proper clothes during a trail. The Fifth Amendment protects the criminals right to not testify against himself and to remain silent. If the defendant decides to remain silent then the prosecution has to prove the defendant is guilty beyond reasonable …show more content…
It was a legal thought that has guided us to freedom and we would be lost without it or we would end up with a King instead of an executive leader. We should learn about the Constitution and Bill of Rights so we know what our rights as Citizens. The Bill of Rights like the constitution, does not change, they are guidelines to a successful country.
Our founding fathers may have been educated wealthy businessman, but I am happy that we do have these amendments that protect the government and we the people abide by the law. Remember, We are the land of the free and there is justice in our country. The love of amendment 5 and 6, are justice and liberty. One of the most treasured documents in the United States is a constructional protection for citizen’s liberties, and limits of government

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