According to the dictionary, due process is a set procedure for judicial or other government events designed to protect the individual’s legal rights. Due process basically was designed to assure all legal proceedings are conducted fair and all rights are being followed before taking a person’s freedom or property. Process is due whenever a person’s rights are involved and requires that the accused be notified and given a fair opportunity to be heard before action is taken. The Fifth and Fourteenth Amendment prohibits government officials from taking a person’s life, liberty, or property, without due process of law.
The Fifth and Fourteenth Amendment
The Fifth and Fourteenth Amendments of the United States Constitution restrict the power of the federal and state governments to show prejudice. The Fifth Amendment requires that the federal government not deny individuals of "life, liberty, or property," without due process of the law and assurance that each person receive the same protection of the laws. The Fourteenth Amendment extends the protection of the Fifth Amendment to state government. The Fourteenth Amendment clearly forbids states from violating an individual's rights of due process and …show more content…
In August 2013 a judge dismissed a marijuana cultivating and sales case after the accused defendant had been denied the right to speak with his attorney and the Sheriff violated several of the defendant’s rights. On August 02, 2012, Sheriff Riverro and other law enforcement personnel arrived at Defendant Frank Frazza grow site property where they removed 73 large plants worth about $600, 000. When the Sheriff arrived the defendant was on the phone with his attorney and at that time the Sheriff instructed him to get off the phone stating, “You don’t need to be talking to him, you need to be talking to me.” At this point the defendant should have been read his Miranda Rights and informed he had the right to remain silent and speak with his
The Fifth and Fourteenth Amendment
The Fifth and Fourteenth Amendments of the United States Constitution restrict the power of the federal and state governments to show prejudice. The Fifth Amendment requires that the federal government not deny individuals of "life, liberty, or property," without due process of the law and assurance that each person receive the same protection of the laws. The Fourteenth Amendment extends the protection of the Fifth Amendment to state government. The Fourteenth Amendment clearly forbids states from violating an individual's rights of due process and …show more content…
In August 2013 a judge dismissed a marijuana cultivating and sales case after the accused defendant had been denied the right to speak with his attorney and the Sheriff violated several of the defendant’s rights. On August 02, 2012, Sheriff Riverro and other law enforcement personnel arrived at Defendant Frank Frazza grow site property where they removed 73 large plants worth about $600, 000. When the Sheriff arrived the defendant was on the phone with his attorney and at that time the Sheriff instructed him to get off the phone stating, “You don’t need to be talking to him, you need to be talking to me.” At this point the defendant should have been read his Miranda Rights and informed he had the right to remain silent and speak with his