Posted: December 23rd, 2022
Discuss the Difference in the Due Process Offered.
Discuss the difference in the due process offered through the 5th Amendment vs. the due process offered through the 14th Amendment. Provide an example of each type of due process.
Imagine that a father slows but does not stop his car at a stop sign because he is taking his sick child to the emergency room at the hospital. A police car is trying to stop him for this infraction yet the father keeps driving. Determine whether or not you believe this action may be “above the law”. Support your position.Discuss the Difference in the Due Process Offered.
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Due process is the legal requirement that every individual should be subjected to fair treatment within the judicial system to include being informed about accusation and case details to include evidence, offered competent legal representation, and subjected to a hearing before a competent and impartial judge. The 5th amendment discusses due process at the level of the federal government, indicating that no individual shall be “deprived of life, liberty or property without due process of law”. The 14th amendment discusses due process at the level of the states. The two amendments ensure that all levels of the government assume the legal responsibility of operating within the confines of the law while offering fair procedures. Initially, the 5th amendment ensured that the Bill of Rights offered US citizens protection against the federal government, while not offering protection against the state governments (such as Barron v City of Baltimore (1833)). The situation changed in 1868 when the 14th amendment was ratified to offer protection against the state governments (such as Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897)) (Cornell Law School, 2019).Discuss the Difference in the Due Process Offered.
The father’s action to keep driving is above the law. That is because he is in an emergency and this is an exception to the warrant requirement. In addition, the emergency situation is a variant of exigent circumstances. To be more precise, stopping the car would place the child at risk. By rushing to the emergency room, the father ensures that the child will receive medical attention on time. It is important that note that the law acknowledges that an immediate threat to the child characterizes the situation as an emergency thus making the case subject to the ‘emergency doctrine’ and ‘emergency exception’ as presented in the 4th amendment warrant clause. As such, the father’s action of not stopping is above the law (Bergman & Berman, 2018).Discuss the Difference in the Due Process Offered.
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