CRCL - Right of Procedural Due Process Lesson

Right of Procedural Due Process Lesson

According to the Fifth, Sixth and Seventh Amendments, "No person shall be held to answer for a capital crime, unless on presentment or indictment of a Grand Jury nor shall any person be subject for the same offence to be twice put in jeopardy nor shall be compelled to be a witness against himself, not be deprived of life, liberty, or property without due process of law...In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial and to be informed of the nature and cause of the accusation to be confronted with the witness against him; to have process of obtaining witnesses and to have the Assistance of Counsel for his defense...The right of trial by jury shall be preserved."

The Fifth, Sixth, and Seventh Amendments establish steps to procedural due process that protect the rights of the accused during an investigation. From the manner in which evidence is gathered to the right to a speedy and public trial.

Important Concepts to Understand related to the right of procedural due process: Habeas Corpus: Directs the police to show cause as to why a person may be held for a crime. Indictment: Formal list of charges made by a grand jury. Speedy Trial: Trial that must take place not more than 100 days after the arrest. Public Trial: Trial that is held in a public courthouse. Double Jeopardy: You cannot be tried for the same crime twice.

Key Court Cases

Gideon V. Wainwright (1964) Free Counsel in state trials
Miranda V. Arizona (1966) Reminded of Rights

The Eighth Amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."


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