Equal Protection Clause Of The Fifth Amendment – Although the legislative branch’s prohibited powers are enshrined in Article I of the Constitution, the Bill of Rights contains most of the constitutional protections afforded to criminal defendants. Bill of RightsThe first ten amendments to the Constitution. these are the first ten amendments to the Constitution. Additionally, the Fourteenth Amendment, which was added to the Constitution after the Civil War, includes a host of due process protections for criminal defendants and equal protection clauses.

The Bill of Rights was originally written to apply to the federal government. However, U.S. Supreme Court precedent has stated so

Equal Protection Clause Of The Fifth Amendment

Equal Protection Clause Of The Fifth Amendment

A constitutional amendment that is embodied in the concept of ordered liberty embodied in due process should be incorporated into the protections of the Fourteenth Amendment and applied to the states. Duncan v. Louisiana, 391 U.S. 145 (1968), accessed October 20, 2010, http://caselaw. lp.findlaw.com/scripts/getcase.pl?court=us&vol=391&invol=145. This doctrine is called selective incorporation. Applying the constitutional protections of the Bill of Rights to the states through the Fourteenth Amendment. and includes virtually all of the constitutional protections contained in the Bill of Rights. So while the original purpose of the Bill of Rights may have been to limit the federal government, modern interpretations of the Constitution ensure that its protection also extends to all levels of state and local government.

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Due Process Clause The clause of the Fifth Amendment (which applies to the federal government) and the Fourteenth Amendment (which applies to the state government) providing that no person shall be deprived of life, liberty, or property without due process of law. states: “No person shall be deprived of life, liberty, or property, without due process of law.” The Due Process Clause of the Fifth Amendment applies to

Crimes and federal criminal proceedings. The federal Due Process Clause is reflected in the Fourteenth Amendment, which guarantees due process of law

Criminal prosecution. Most states have a similar provision in their constitutions. Missouri Constitution, Art. I, § 10, accessed October 10, 2010, http://www.sos.mo.gov/pubs/missouri_constitution.pdf.

Substantive Due Process The government may not unreasonably violate an individual’s substantive constitutional rights. protects individuals against unjustified loss of substantive rights, such as the right to free expression and the right to privacy. Procedural Due ProcessThe government cannot punish people without giving them notice and an opportunity to be heard. protects individuals from criminal punishment without notice and gives them the opportunity to be heard. Both substantive and procedural due process ensure that individuals are not denied life (death penalty), liberty (imprisonment), or property (forfeiture).

All The Constitutional Amendments

Lack of ambiguity The criminal law is formulated so imprecisely that it gives too much freedom to law enforcement agencies, is applied unevenly and does not provide information on what is punishable, violating the right to a fair trial. questions the wording of the act based on the due process clause. A statute is invalid for vagueness if it uses words that are indefinite or ambiguous. Statutes that are not precisely worded do not inform the public exactly what conduct constitutes a crime. Moreover and

They give too much discretion to law enforcement and are unevenly enforced. v. White, 882 F.2d 250 (1989), accessed October 6, 2010, http://scholar.google.com/scholar_case?case=12667022335593752485&hl=en&as_sdt=2&as_vis=1&oi=scholarr. In an ambiguity challenge, the statute must be so vague that “people of ordinary intelligence would be required to guess its meaning,” Connally v. General Construction Co., 269 U.S. 385 (1926), accessed: October 3, 2010, http://supreme.justia.com/us/269/385/case.html. which is the objective standard.

The state legislature passes a law that criminalizes “inappropriate attire on public beaches.” Larry, a law enforcement officer, arrests Kathy for wearing a two-piece swimsuit on the beach because he believes women should wear one-piece swimsuits. Two days later, Burt, another law enforcement officer, arrests Sarah for wearing a one-piece swimsuit on the beach because he believes women should not be seen in public in swimsuits. Kathy and Sarah may attack the bill on its face and as invalid for vagueness. The term “inappropriate” is vague and may mean different things to different people. As such, it gives too much discretion to law enforcement, is unevenly applied, and does not adequately inform Kathy, Sarah, or the public about what constitutes criminal conduct.

Equal Protection Clause Of The Fifth Amendment

The bill is excessive. An act criminalizing both constitutionally protected and unprotected conduct, violating the right to a fair trial. if it criminalizes both constitutionally protected and constitutionally unprotected conduct. This challenge is different from invalidity by vagueness, although some statutes can be attacked on both grounds. The act is too extensive and penalizes

Amending America: The 14th Amendment

The state legislature passes a law that prohibits the photography of “nude persons under eighteen years of age.” This bill is probably excessive and violates due process. Although it is constitutionally prohibited

The Fourteenth Amendment states in pertinent part: “No state shall deny to any person within its jurisdiction the equal protection of the laws.” Equal Protection Clause A clause of the Fourteenth Amendment that prohibits state government from passing laws that arbitrarily discriminate. refers to

Government. State constitutions generally contain a similar provision. California Constitution, Art. I, § 7, accessed October 4, 2010, http://www.leginfo.ca.gov/.const/.article_1. The Equal Protection Clause prevents a state government from enacting criminal laws that

In an unreasonable and unreasonable manner. The Due Process Clause of the Fifth Amendment prohibits the federal government from discriminating if it is so unreasonable as to violate due process of law. Bolling v. Sharpe, 347 U.S. 497 (1954), accessed: October 4, 2010, http://scholar. google.com/scholar_case?case=16234924501041992561&hl=en&as_sdt=2&as_vis=1&oi=scholarr.

The Fourteenth Amendment And Equal Protection (video)

The prohibition on government discrimination is not absolute; it depends on the class of people receiving special treatment. Generally speaking, judicial review is heightened on a sliding scale when the object of discrimination is an arbitrary classification. Arbitrary means random and often includes characteristics that an individual is born with, such as race or national origin. The most arbitrary classifications require strict control, which means that the criminal statute must be supported by a

Government interest. Statutes containing classifications that are not arbitrary must have a rational basis and be supported by a

Criminal statutes that classify individuals on the basis of race must be subjected to close scrutiny because race is an arbitrary classification that cannot be justified. Modern courts do not uphold race-based criminal statutes because the government has no interest in treating citizens of another race more or less harshly. Loving v. Virginia, 388 U.S. 1 (1967), accessed: October 4, 2010, http: //www.law.cornell.edu/supct/html/historics/USSC_CR_0388_0001_ZO.html.

Equal Protection Clause Of The Fifth Amendment

They discriminate and they do it often. Criminal laws that punish criminals more severely for past crimes, such as three strikes laws, are supported by legitimate government interests in specific and general deterrence and incapacitation. It should be remembered that the basis for discrimination is the accused in criminal proceedings

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, is rational, not arbitrary like race. Therefore, although these laws discriminate, they are constitutional under the Equal Protection Clause.2 Due Process – Importance All legal proceedings will be fair. The government may not interfere with a citizen’s right to life, liberty, and property as guaranteed by the 5th and 14th Amendments. Every citizen has the right to reasonable warning of judicial proceedings and the right to a speedy trial or a hearing in a court of law.

Any proceedings initiated against a citizen must comply with the law – including: Governing bodies must follow applicable procedures in order to take any legal action. The government cannot act in violation of a citizen’s right to life, liberty or property – for example, it ensures fairness. E.g. – Goldberg v. Kelly (1970) – Kelly, along with other welfare recipients in New York, sued Goldberg, head of the welfare department, for violating procedural due process by cutting benefits without warning. In one appeal, the court ruled that social benefits constituted a property right and required a hearing before the aid could be terminated. “Procedural” laws are special laws that govern how a government can lawfully deprive a person of his or her liberty, property, or life when the law gives it the ability to do so.

It prohibits the government from violating fundamental constitutional freedoms such as the rights to life, liberty, property and privacy. “Substantive” rights are general rights that reserve the right for an individual to have or do certain things, despite the government’s intention to the contrary. These are rights such as freedom of speech and religion. e.g., Roe v. Wade (1973) Roe, an unmarried Texas woman, wanted to abort her unborn child. Under Texas law, abortion was a crime unless it was medically necessary and only in cases where the mother’s life was in danger. Roe sued Wade, then the district attorney, claiming the law violated her right to privacy. The Court found that the law excessively violated Roe’s right to privacy and declared it unconstitutional.

Due process concerns how matters are handled, for example protecting citizens from having their benefits terminated without notice. Substantive due process applies to citizens’ fundamental rights under the Amendments, such as the prohibition against government involvement in a woman’s right to choose abortion.

Equal Protection: Equal Under The Law: The Foundation Of Due Process

No citizen can be forced to answer to a crime without formal charges. No citizen may be charged twice with the same crime – “double jeopardy”. No citizen can be forced to incriminate himself. No citizen can

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