People in some countries fear the authorities. They fear that officials may act without impunity depriving them of any legal rights they should have.
In the United States, several elements of the Constitution seek to avoid these sorts of concerns. They guarantee people the right to what is known as “due process.” But what does that mean? To understand due process, it is simplest to break it down into two types: substantive and procedural.
Substantive due process
Firstly, due process means that no authority can implement a law that curtails citizens’ constitutional rights and privileges. For instance, your state could not pass a law that takes away your right to free speech, as that is a constitutional right.
Procedural due process
Secondly, while a court or authority may, in certain circumstances, be able to deprive you of your right to property, liberty or even life (in the case of a death sentence), it can only do so if it follows the correct steps. Those steps include things like giving you the right to legal defense and a fair criminal hearing.
While due process is your right, you cannot always be sure it will happen. What’s more, as a layperson, you might struggle to understand if due process has taken place as it should or whether your rights have been breached in some way. Even judges sometimes have different opinions about whether due process has been upheld in a particular situation.
Seeking legal assistance at the first signs of trouble could help you to protect your rights and ensure that the police, prosecutors and authorities respect your right to due process.