Due Process
Crystal Groff
Strayer University
Professor Freeman
Abstract
We all wonder what the words life, liberty, and property derived from. In this paper I will be explaining what due process is and how it relates to life, liberty, and property. I will also explain where due process came from and what 2 amendments relate to due process. Before we start though I would like you to know that due process is there to protect the defendant under proving guilty.

Define due process and its origin? Due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights if citizens. It is done to insure that the government treats all the individuals properly and does not abuse there power by acting against the citizens in an arbitrary, oppressive, or capricious manner (WiseGeek, 2003). The most important fundamental level, is that it prohibits the government from taking any action against the individual that would result in the loss of liberty or property, without first making sure the individual notice of pending action, and has the opportunity to be heard. In every case, before the final decision can be made, the government has to provide the individual, through judicial or administrative procedures that are fair to the individual and impractical, and the ability to challenge the state action. The more serve the case of deprivation of liberty, the more rigorous the due process procedures afforded must be (WiseGeek, 2003). The origin of due process derived from the Magna Carta, and was wrung from the barons from Prince John in 1215, and therefore forever committed by the English monarch to solemn vow that “no man shall be taken or imprisoned or disseized or outlawed, or in manner destroyed; but by the lawful judgment of his peers or by the law of the land (The beginning; 2007).” In 1355, “Law of the Land” was used by King Edward III’s statue 28, and declared that “no man, of what state or condition wherever he be, shall be put out of his hands, or tenements, nor taken, imprisoned, indicted, or put to death without first being brought into answer by due process of law. A good example of this is an argument that famous Darmouth College case,
Daniel Webster was to declare that the Law of the Land meant “that in general, a law which hears before it condemns, which proceed upon inquiry and renders judgment only after trails (The Beginning, 2007).” Explain how due process protects the accused against abuses by the federal government? Due process is the constitutions principle that our government must follow before it may take a person’s freedom or property. Due Process is derived from the Fifth Amendment of the Constitution, which stats that no one shall be deprived of life, liberty, or property without first the due process of law. All states are required to provide due process because the 14th Amendment state “Nor shall any state deprive any person live, liberty, or property, without due process of the law (Basic Rights, 2012).” There are two main examples of due process rights and they are procedural and substantive. Procedural refers to the requirement that decisions made by the state must exhibit “fundamental fairness” in taking an action culminates in an individual being denied, “Life, liberty, or property.” Procedural is the right to be heard, notice of the hearing, ability to file and answer, and discovery issues. A good example of procedural would be situation where a school district suspends a teacher without pay before a hearing could be held about the allegations against him. Substantive refers to the specific rights being denied, even if the process is deemed fair. Actions are taken by the state in a process that would be considered fair, but could still be challenged on the basis that it improperly denies a right. Substantive is which includes all your basic amendment rights. An example could be Griswold vs. Connecticut (1995). Connecticut law made it illegal for doctors to dispense birth control to their patients. The court ruled that the law violated the Constitution not because it was passed or applied improperly, but because it denied that patients their right to privacy. Another example could be the law that Pennsylvania has that everyone that wants to vote will need to show a valid ID to prove that no laws are being broken. This applies because it goes against a person right to speech and freedom. One good example I like to think due process came from was from the Bible on the Garden of Eden, because God did not immediately punish them. The first thing that God did was ask “Where art thou Adam?”- Thereby giving him notice. God gave him a chance to be heard by asking “Didn’t thou eat the forbidden fruit (The Beginning, 2007)?” In my options this in when due process came into affects; no one would like to relate due process to the Garden of Eden time.

References
Gonzales, Kristin. (2012). What is Due Process? Basic Rights and Fundamental Fairness. Retrieved from http://ezinearticles.com/?What-is-Due-Process?-Basic-Rights-and-Fundamental-Fairness
Kinsellagn, John. (2003). What is Due Process? Retrieved from http://www.wisegeek.com/what-is-due-process.htm
Moore and Malcolm. (September 22, 2007). The Beginning, origin, evolution and Meaning of due Process of Law. Retrieved from http://www.shvoong.com/law-and-politics/constitutional-law/1675010-beginning-origin-evolution-meaning-process