Mehela Noel: Amendment V

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The Fifth Amendment includes double jeopardy, grand jury, self-incrimination, and eminent domain. The Due Process Clause of Amendment V claims that no individual shall be deprived of life, liberty, or property without due process. Due process is still heavily used in courts to this day. There are two types of due process seen today in court; Procedural and Substantive Due Process. Both Procedural and Substantive Due Process are commonly seen in court cases affecting individuals of their life, liberty, and property. 

Procedural Due Process is the legal procedure that must be followed when governments are depriving individuals of their life, liberty, or property. Procedural Due Process is still seen today not only in court, but daily through Miranda Rights. Miranda Rights are stated when individuals are in police custody. These rights imply the right to remain silent, the right to an attorney, and the right to be appointed an attorney. Miranda Rights are a representation of Procedural Due Process because it is a requirement that happens before they are in the custody of the police, which is a legal procedure that must be followed before individuals are deprived of their life, liberty, and property.

The roots of Miranda Rights date back to March 2, 1963, when an 18-year-old woman from Phoenix filed a police report that she was kidnapped and taken to a desert, then sexually assaulted. Ernesto Miranda––the defendant of this case––confessed to kidnapping and rape during the police’s interrogation. However, prior to Miranda’s confession, the police did not inform him of his right to counsel and his right to refrain from self-incrimination. The detectives and officers did not acknowledge that Miranda had that right, therefore he was able to recant his confession, and not have it used against him in court. Ernesto Miranda’s confession was just one of many “forced confessions” during this time period. The Supreme Court determined that without certain warnings in interrogation, including the right to remain silent and the right to counsel, statements that are made during a custodial interrogation, are inadmissible during a trial.

Substantive Due Process focuses on liberty and whether there are fundamental rights implied when life, liberty, and property are being taken. Substantive Due Process is still a very prominent topic, especially in the landmark Supreme Court case, Roe v Wade. This case began when Jane Roe, a pregnant single woman in Texas, wanted to get an abortion. She was unable to get an abortion due to Articles 1191-1194 in the Texas Penal Code, denying her ability unless it was a deathly matter. Roe challenged this, stating that the Penal Code was unconstitutional, and a violation of her fundamental rights, referring to the Substantive Due Process Clause. This argument led to massive debate, and under Roe, the Courts rejected the claim that a woman is not able to terminate her pregnancy (this was later overturned in 2022). This Supreme Court case shows the importance and connection the Due Process Clause still has to the modern day.

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