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Due Process

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Due process is a judicial constitutional guarantee that no judgment can be rendered in the absence of a just legal proceeding. Due process is warranted by the United States Constitution. The Fifth Amendment to the Constitution states that "no person shall . . . be deprived of life, liberty, or property, without due process of law." In other words, due process insures that the accused is afforded a fair and impartial trial. Due process also provides that the person is to be given advance notice of trial, the right to counsel, and the right to question witnesses. Due process must also protect the right to refuse self-incriminating statements, and the right of proof beyond reasonable doubt. As such, due process serves as an important check on the government influence, guarding individual rights and liberties. The procedural margins of due process are almost without limit. Thus, due process interpretations are subject to constant judicial debate. Due process is also referred to as procedural due process.



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