Due Process and the 14th Amendment Essay

Open, View, and/or
Download this Document

Total Length: 686 words ( 2 double-spaced pages)

Total Sources: 3

Page 1 of 2

Due Process and the 14th Amendment

Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states?

"Like the rest of the Bill of Rights, the Fourth Amendment originally only applied in federal court. However, in Wolf v. Colorado, 338 U.S. 25 (1949), the U.S. Supreme Court ruled that the rights guaranteed by the text of the Fourth Amendment…apply equally in state courts via the Fourteenth Amendment, which guarantees to the citizen of every state the right to due process and equal protection of the laws" (When the Fourth Amendment applies, 2013, Find Law). Although originally the Bill of Rights only governed actions of the federal government, through the incorporation clause the Bill of Rights has now been held to apply to all forms of government, not just at the federal level.

The exclusionary rule is the one exception to this general principle, given that the "Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction" (When the Fourth Amendment applies, 2013, Find Law). In other words, investigations by private individuals -- both investigators and laypersons -- are not restricted by the Fourth Amendment and these persons are not prohibited from conducting searches and seizures without probable cause (When the Fourth Amendment applies, 2013, Find Law). Also, the person must have a reasonable expectation of privacy to be protected by the Fourth Amendment -- in other words, items that are lying in plain view, or emails sent on a work computer are not protected under either state or federal guidelines (When the Fourth Amendment applies, 2013, Find Law).

What is the difference between procedural and substantive protections for criminal offenders in the Bill of Rights?

"Substantive rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government's desire to the contrary.

Stuck Writing Your "Due Process and the 14th Amendment" Essay?

View All Our Example Due Process and the 14th Amendment Essay

Have A Custom Example Essay Written

These are rights like freedom of speech and religion. Procedural rights are special rights that, instead, dictate how the government can lawfully go about taking away a person's freedom or property or life, when the law otherwise gives them the power to do so" (Substantive due process, 2013, Stanford University Law School). The Fourteenth Amendment prohibits persons from being deprived of life, liberty, or property without due process (i.e. without a proper trial). However, the Supreme Court's interpretation of the clause has….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Due Process And The 14th Amendment" (2013, December 01) Retrieved May 19, 2025, from
https://www.aceyourpaper.com/essays/due-process-14th-amendment-178619

Latest MLA Format (8th edition)

Copy Reference
"Due Process And The 14th Amendment" 01 December 2013. Web.19 May. 2025. <
https://www.aceyourpaper.com/essays/due-process-14th-amendment-178619>

Latest Chicago Format (16th edition)

Copy Reference
"Due Process And The 14th Amendment", 01 December 2013, Accessed.19 May. 2025,
https://www.aceyourpaper.com/essays/due-process-14th-amendment-178619
   

Open, View, and/or
Download this Document
order custom essay example