Due process clause?

Question

Why is due process law so important? How does it protect both individual rights and the common good?
Explain the 2 kinds of due process. How would you define due process. In what constitutional Amendments is due process found?

Answer 1

Due process is important because it provides the suspect the right to defend himself.

Due process is through procedure and subtance.

Procedural due process must be observed wherein the accused must be notified of the offense that he was charged of and must be given a chance to answer the said accussations.

Substantial due process means that the suspect must be charged only if there are evidence that he committed the crime.

Answer 2

There are two Due Process Clauses: one in the Fifth Amendment and one in the Fourteenth.

Due process is important because of how many times it's been claimed that it has been violated.

Substantive due process: ... ("... there is no avoiding the fact that the word which follows the word 'due' is 'process.' ... 'Substantive due process' is a contradiction in terms; sort of like saying 'green pastel redness.' " Prof. John Hart Ely, "Democracy and Distrust," published in 1980.) ... means that courts will strike down laws if they believe that the legislature does not have a good enough explanation for why it made some particular law which is effectively preventing a person from doing something that they want to do. "Substantive due process" can be approximately translated as "Is this law really necessary?"

Procedural due process ... (... "a redundant expression," ... Ely, ibid.) means that courts of law must adjudicate disputes in such a way as to ensure procedural fairness and for the defendent and consistency for all defendents. It means, among other things, that persons accused of crimes are entitled to a presumption of innocence and the prosecutor must prove guilt beyond a reasonable doubt. It also means that the accused has the right to cross-examine the witnesses against him/her. And so on.

Both of these versions of due process are important and they both protect individual rights. The second one is the only legitimate function for the judicial branch to exercise. The first one is completely and utterly illegitimate and is always used by the judiciary to usurp the legislature's power to make laws. "We do not sit as a super-legislature to determine the wisdom, need, and propreity of laws that touch on economic problems, business affairs, or social conditions." (Griswold v. Conn., 1965) Instead, the Court has been sitting as a super-legislature determining the wisdom, need, and propriety of laws that touch on marriage, family relationships, living arrangements, sex, and reproduction ................... and God-only-knows-what-else.

Answer 3

Due process has two connotations. First: No one can be charged and convicted without due process of law. Second: The law itself even when duly passed by the law makers should not infringe the fundamental rights. Every law is subject to Judicial Scrutiny.

Answer 4

Absolutely. Life, liberty and property effectively covers EVERYTHING people hold dear. The only alternative is a government depriving a person of life, liberty, or property WITHOUT a legal process for doing so.... so it's pretty hard NOT to be in favor of.