PROCEDURAL DUE PROCESS
The Sanders Firm, P.C.: Procedural Due Process and You
Procedural due process is an important right that The Sanders Firm, P.C. is devoted to upholding. The Fifth and Fourteenth Amendments guarantee procedural due process rights. Procedural due process is an important right in a free society that believes that individuals’ be treated equally under the law. It guarantees that every individual have the same legal rights under the law and that legal proceedings will be uniform for all. Due process safeguards the legal rights of each person.
In the Constitution
Procedural due process is a concept not directly written into the United States Constitution it is inferred from the language of the Fifth Amendment, it reads, “[N]or shall any person . . . be deprived of life, liberty, or property, without due process of law…” In the Fourteenth Amendment, Section One which states, “[N]or shall any State deprive any person of life, liberty, or property, without due process of law.”
The Fourteenth Amendment, which guarantees many rights found in the early parts of the United States Constitution, enacted when several states created laws that discriminated against former slaves. These discriminatory laws, known as “Black Codes,” were a reaction by Southern states to the Thirteenth Amendment, which freed the slaves.
Property and Liberty
It is important to understand procedural due process. If you are involved in a criminal case the proper following of due process is essential to you receiving a fair trial. If the proper process is not followed, your civil rights are abridged and that may result in the loss of property and liberty. Due process protects your rights in a court case.
Negation of Due Process
A person’s procedural due process rights are violated when: a judge who makes erroneous decisions, a law enforcement official withholding evidence that could lead to a person wrongfully convicted, a defense attorney acting incompetently, or a prosecutor misusing their power. Although the court system is set up to preserve procedural due process for all it, courts’ are overburdened with cases and it is run and occupied by people who are only human. Therefore, mistakes or even intentional violations are bound to occur.
Rectifying the Problem
The Sanders Firm, P.C. is determined to right any inequities in procedural due process that you may have experienced. Sometimes procedural due process is purposefully subverted and other times it break down due to oversights of those involved in the process. The effect of poor procedural due process can be extremely damaging to a person’s civil rights. Contact your voice for justice, The Sanders Firm, P.C., if you require representation due to a violation of your procedural due process rights.