Procedural Due Process
The American criminal justice system incorporates a number of procedural protections designed to guarantee that many of the things the British crown did when the states were colonies do not come to pass here. The procedural portions of these protections are called “procedural due process.”
Procedural due process has grown out of the due process requirements of both the 5th and 14th amendments to the United States Constitution. The 5th amendment guarantees, among other things, due process when the federal government is acting. The 14th amendment guarantees due process when the state does something. In addition to their effect on the criminal justice system, due process plays a significant role in the entire legal system.
One of the most important protections of procedural due process is the requirement of a warrant. The warrant prevents the state or federal government from taking a person into custody without having shown cause to a judge.
Warrants also protect a person’s home from being invaded without any wrongdoing on an individual’s part. As James Otis so eloquently pointed out when speaking against the writs of assistance nearly 250 years ago, “a man’s house is his castle and whilst he is quiet, he is as well guarded as a prince in his castle.” Without a warrant to enter an individual’s home, the castle’s walls will be breached.
The right to know one’s rights, better known as the Miranda warning, has more recently been included in procedural due process. It is imperative that an individual be made aware of his or her rights when being taken into custody.
Overall, there are any number of actions that a court or law enforcement department must take to prevent an individual’s fundamental right to liberty from being compromised. These requirements make up the portion of due process known as procedural due process.
Contact a Las Vegas Criminal Defense Attorney
If you have been charged with a crime and need an effective defense, contact the Las Vegas criminal lawyers of Palmer & Associates, P.C., at 702-888-2222.