Procedural Correctness Definition

How is due process defined? In the most basic term it is considered to be procedural correctness. A fair and impartial set of rules that protect an individual's rights. Due Process of Law is found within the first 10 amendments of the constitution known as the Bill of Rights. Although Due Process of Law are guaranteed by the Fourth, Fifth, Sixth and Fourteenth Amendments. The amendments that focus on the Due Process of Law are the Fifth and Fourteenth Amendments which both state that an individual is guaranteed that no person shall "be deprived in the pursuit of life, liberty or property without due process of law". Let's look at the individual amendments. The Fourth Amendment protects individuals from unlawful search and seizure. The most common issue in law enforcement that arises is the need for search warrants. By not following procedural correctness a case may falter during the trial phase because a warrant was not obtained in the proper way. Although the warrant may have been obtained in "good faith" if the warrant is not executed properly and the evidence is not collected in a certain manner the evidence that seals the case could be discarded. In addition this amendment protects individual from being wrongfully …show more content…
This became prominent with the Miranda vs. Arizona, 1966 Supreme Court decision that requires a law enforcement officer to advise an arrested suspect of certain rights and warnings. These are the right to remain silent, the right to counsel and that anything they say may be used against the suspect during criminal proceedings. One caveat that often misleads a suspect is that they believe that if they have not been advised of their rights that what they say may not be used against them. If a suspect has been arrested and gives oral evidence without being questioned has often been considered a spontaneous utterance. Although it may be challenged during the trial the utterance may be