The Concept of Due Process

Nor shall any State deprive any person of life, liberty, or property, without due process of law.

—Excerpt from the Fourteenth Amendment, U.S. Constitution

The concept of due process is difficult to understand, but its understanding is essential to understanding constitutional law’s impact on criminal justice. There are two due process clauses in the U.S. Constitution. Generally, the due process clause in the Fifth Amendment is considered as a restraint on the federal government, and the due process clause in the Fourteenth Amendment applies to states and local governments. In the criminal justice area, due process is classified as either procedural due process or substantive due process. Procedural due process refers to the means or methods by which an individual exercises his or her due process rights. Substantive due process refers to the actual rights themselves, such as the right to a fair hearing or right to notice.