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What is the relationship between 'justice' and 'due process' in US Constitutional Law?
Justice is equated with due process of law in the context of government-individual interactions.
Which amendments include the Due Process Clauses in the US Constitution?
The 5th Amendment and the 14th Amendment.
What do the Due Process Clauses prohibit?
They prohibit national and state governments from depriving a person of life, liberty, or property without due process of law.
What are the constitutional values and objectives reflected in due process?
Equal treatment, fairness, and accountability.
What does procedural due process focus on?
Procedural due process emphasizes equal treatment and the primacy of processes and procedures.
Which amendments relate to criminal justice procedures and their respective focuses?
4th Amendment: Police Investigations, 5th Amendment: Due Process, 6th Amendment: Fair trial process, 8th Amendment: Punishment.
How does substantive due process differ from procedural due process?
Substantive due process focuses on the fairness of the law's content, while procedural due process emphasizes the processes used to enforce the law.
What are fundamental rights as per the 14th Amendment's Due Process Clause?
Fundamental rights include the incorporation of most of the Bill of Rights, extending protections from state governments!
What rights are excluded from the 14th Amendment's protections?
5th Amendment (grand jury) and 3rd Amendment (no quartering of soldiers).
What concept is recognized under the substantive due process regarding personal freedoms?
The recognition of the right of privacy.