14th Amendment on the United Term Paper

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The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.

Due process is also the root of the discovery rules in the United States. It is the notion of fairness that requires that an accused be apprised of the evidence against him/her. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense.

The impact of the 14th Amendment also comes into play when applied to who can fairly preside over a legal issue. Any judge who knows or should know that there may be a question of their ability to fairly preside over a legal issue may be required to recuse himself/herself.

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This is true in both civil and criminal procedures. Thus, a judge whose daughter is alleged to have been killed by a defendant cannot preside over the criminal case against that defendant. Obviously, that judge could not be presumed to fairly adjudicate the action against the accused.

Civilly, depriving one of one's property is an extremely sensitive issue. The American dream of owning one's own home is manifest. It is precisely for this reason that mortgage companies must follow strict rules with regard to foreclosures. Without due process, it would not be fair to take one's home.

The above examples of the impact of due process are few, but they are extremely important in demonstrating the way that the 14th Amendment has affected the legal system in the United States at both the state and federal levels. Without the 14th Amendment, any state could enact and enforce laws which would, by design, deprive certain individuals of their life, liberty, or property......

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