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Critical Thinking Option #2: Constitutional Criminal Procedure and Due Process
Colorado State University Global
CRJ 420: Criminal Justice and the Constitution
Professor Zunker
May 10, 2021

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Critical Thinking Option 1: Constitution1 Criminal Procedure and Due Process
Chapter 39 of the Magna Carter, established by King John of England in 1215, provides
that “… no free man shall be arrested or imprisoned… except by lawful judgment of his peers or
by the law of the land,” ( National Archives n.d.). The following will analyze and discuss the
concept and purpose of due process with which amendments are relevant to due process and how
our rights are protected.
Due Process
A specific application of the Fifth Amendment due process clause is the doctrine of
procedural due process surrounding fairness and lawfulness in the decision methods used.
Violations of this clause can have negative effects such as a prosecutor who fails to disclose
evidence that could be used to show that a defendant may be innocent of a crime or when a judge
shows bias toward persons in a civil action. Due process rights are a guarantee the people have a
right to a fair application of the law rather than just being sentenced to imprisonment, execution,
or having property seized. The due process concept is responsible for the procedures
guaranteeing a fair trial, (Peter 2003).
The Fifth Amendment and the Fourteenth Amendment both state that that no one shall be
“deprived of life, liberty or property without due process of law, (Wurman 2020). Due process is
an opportunity to be heard in court proceedings whether it is criminal or civil. Procedural due
process is a constitutional requirement to protect persons when the federal government conducts
itself in such a way as to deny citizens of life, liberty, or property; citizens are entitled to be
given notice, be heard, and have their matter heard by a decision maker, such as a judge for
example, that is neutral.

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1 Critical Thinking Option #2: Constitutional Criminal Procedure and Due Process Colorado State University Global CRJ 420: Criminal Justice and the Constitution Professor Zunker May 10, 2021 2 Critical Thinking Option 1: Constitution1 Criminal Procedure and Due Process Chapter 39 of the Magna Carter, established by King John of England in 1215, provides that “… no free man shall be arrested or imprisoned… except by lawful judgment of his peers or by the law of the land,” ( National Archives n.d.). The following will analyze and discuss the concept and purpose of due process with which amendments are relevant to due process and how our rights are protected. Due Process A specific application of the Fifth Amendment due process clause is the doctrine of procedural due process surrounding fairness and lawfulness in the decision methods used. Violations of this clause can have negative effects such as a prosecutor who fails to disclose evidence that could be used to show that a defendant may be innocent of a crime or when a judge shows bias toward persons in a civil action. Due process rights are a guarantee the people have a right to a fair application of the law rather th ...
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