How do due process and equal protection help guarantee your constitutional rights

1 answer:

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Well it has to do with the Amendments, the first Amendment which talks about due process and rights would be the 5th Amendment which guarantees your Miranda Rights (Miranda vs. Arizona) This is the first step. The Miranda Rights is what you see in those cop movies where the police say “You have the right to remain silent, anything you say can be used in court. You have the right to an attorney. If you can’t get one we will provide you one....” or something close to those lines.

The other Amendment which talks about due process and protection is 14th Amendment which states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Section. 2.

There is also something about a speedy and fair trial.

So yes the answer to your question is that guarantees your constitutional rights because we have Amendments for these. All Americans have the right to a fair, speedy trial. And no one is guilty with a claim against them—-this is why it’s known as Innocent UNTIL PROVEN guilty.

The 5th Amendment is quoted like this: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

PS. The reason why the 5th Amendment is known as Miranda rights is Because Mr. Miranda was in trouble because a sex crime but he found that the cops didn’t read him his rights when they arrested him

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