9.33 Particular Rights-Fourteenth Amendment-Due Process-Deliberate Fabrication of Evidence
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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment protects against being subjected to criminal charges on the basis of false evidence that was deliberately fabricated by the defendant.
Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal.
Due process under the Fourteenth Amendment can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of ?fundamental fairness,? addresses which legal procedures are required to be followed in state proceedings.
List of 14th amendment cases Case nameYearCitationPlessy v. Ferguson1896163 U.S. 537Cumming v. Richmond County Board of Education1899175 U.S. 528Lum v. Rice1927275 U.S. 78Roberto Alvarez v. Board of Trustees of the Lemon Grove School District193166625 Cal. Super.28 more rows
The Constitution uses the phrase in the 5th and 14th Amendments, declaring that the government shall not deprive anyone of "life, liberty, or property, without due process of law..." The 5th Amendment protects people from actions of the federal government, and the 14th protects them from actions by state and local
Among them was the Fourteenth Amendment, which prohibits the states from depriving ?any person of life, liberty, or property, without due process of law.? When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only ing to law applied by a court.
The core of these requirements is notice and a hearing before an impartial tribunal. Due process may also require an opportunity for confrontation and cross-examination, and for discovery; that a decision be made based on the record, and that a party be allowed to be represented by counsel.
