Understanding the Protection of due process
- Chloe Allen
- Aug 26
- 3 min read
What is Due Process?
Due process is defined as the fair treatment of a person being accused of a crime. This means that before taking action on a person's fundamental rights or having them face prosecution, the government must allow that person to defend themselves in a fair hearing.
Due process is rooted in two parts of the Constitution:
The Fifth Amendment: where a person cannot be forced to testify if they might incriminate themselves
The Fourteenth Amendment: the government cannot deprive one of life, liberty, or property without due process
Although due process can work differently depending on whether it’s a criminal or civil case, it is a constitutional right that was put in place to help protect you. It is meant to create a just society through structure and fairness.
Due Process in Civil, Criminal, and Immigration Cases
In criminal cases, where the government is charging a person with a crime, due process protections include
The government must prove that a person is guilty beyond a reasonable doubt.
The person being accused has the right to an attorney, a fair trial, and the Fifth Amendment protections.
In civil cases that differ from criminal accusations, due process is less effective but still in place for protection.
The standard is “preponderance of the evidence” – meaning it must be more likely than not that the claim is true.
Civil due process still guarantees a fair hearing and notice of legal action.
In immigration cases, they are in the category of civil law and are entitled to the basic protections of civil due process. In relation to immigration cases, Habeas Corpus is an important quality that upholds due process. Habeas Corpus is to make sure that everyone has a right to challenge detention involving deportation to an unbiased judge, whether they are a citizen or not.
Ways That Due Process Protects You
Police and criminal prosecutors must have a reason and probable cause for an arrest to prevent bias and unfair prosecution.
The government cannot cut you off from government-funded necessities like food stamps and assistance or public housing if you are being accused of a crime before a trial.
It can prevent unjustified deportation by requiring fair treatment regardless of background or immigration status.
Allows for the right to be represented by an attorney during immigration proceedings.
Allows for your case to be represented in court before an impartial judge.
Current Problems
In April of 2025, the Supreme Court discussed legal processes for people who are not citizens in the case, Trump v J. G. G. The case arose due to the push for deportation for non-citizens and asylum seekers in 2025, where people may have been detained without a hearing.
The Court assured that everyone has the right to due process regardless of whether they are a citizen or not. The Supreme Court has reasserted due process twice, which shows that there are many people who still aren’t receiving the protection of due process that they are promised by the Constitution.
Why It Matters
Due process ensures that everyone, regardless of background, is treated fairly under the law. Without it, individuals could be unfairly prosecuted, detained, or denied their rights. It’s essential for maintaining justice, equality, and trust in the legal system. By understanding and defending these rights, we contribute to a fairer society for all.
What You Can Do
Stay informed about your legal rights, especially in criminal, civil, and immigration matters. If you feel your due process rights are being violated, seek legal advice and consider advocating for yourself or others. Supporting organizations that fight for legal reform can also help protect due process for all.
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