DPC and EPC

Justice in US Constitutional Law

Definition of Justice

• Justice: Refers to government-individual interactions.

• Constitutional "Justice": Equated with Due Process of Law.

Due Process Clauses

• 5th Amendment: No person shall be deprived of life, liberty, or property without due process of law (applies to national government).

• 14th Amendment: Extends the same protections against state governments.

Importance of Due Process

• Constitutional Values & Objectives:

  • Equal Treatment

  • Fairness

  • Accountability

  • Practical Meaning: Governments must not act in an arbitrary or unfair manner.

Dimensions of Due Process in US Constitutional Law

Procedural Due Process

• Goals:

  • Equal Treatment: Emphasis on processes and procedures.

  • Accountability: Compliance with the law.

• Key Criminal Justice Procedures:

  • 4th Amendment: Guidelines for police investigations.

  • 5th Amendment: Guarantees due process.

  • 6th Amendment: Ensures a fair trial process.

  • 8th Amendment: Addresses punishment concerns.

• Includes legislative processes and administrative regulations.

Substantive Due Process

• Goals:

  • Fairness of laws and their application in society.

• Key Concepts:

  • Standards of a free and civil society based on traditions, values, and historical practices.

  • Ensures accountability for the content (substance) of laws.

• Key Implementation:

  • Fairness not only of means (process) but also of ends (outcomes) equals justice.

  • Defines fundamental rights, incorporating most of the Bill of Rights via the 14th Amendment.

  • Excluded Rights:

    • Rights from the 5th Amendment (grand jury) and 3rd Amendment (no quartering of soldiers).

  • Recognition of the Right of Privacy.