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How Has Due Process in the 5th and 14th Amendment Influence Criminal Law

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to serve on the jury. The jury had been given the authority to judge the facts of the case, and them apply the law that was given by the judge to those facts, and render a verdict of guilty or not guilty. During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person. As we can see, due process has changed our justice system from...

The Due Process Clause requires “due process”-basic procedural rights- and protects substantive rights. Procedural rights are rights that dictate how the government can legally take away a person’s freedom, property, or life. Moreover, substantive rights secure individual’s basic rights as stated in the Fifth Amendment and Fourteenth Amendment. The Fifth Amendment applies to the federal government whereas the Fourteenth Amendment applies to the states. The right to due process, as stated in the Fifth and Fourteenth Amendments is the most significant right of all because it serves as an assurance that all levels of government must function within the law and offer fair procedures.
As stated in the Fifth Amendment, “No person shall be deprived of life, liberty, or property, without due process of law.” The government is required apt justification and fair and just legal procedures in order to

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