14th Amendment on the United

¶ … 14th Amendment on the United States judicial system. It describes specific aspects of the law that are a direct result of due process being enforced at both the federal and state levels and discusses the importance of this tenet being applied at the state level.

The 14th Amendment

For such a succinct document (two pages), the 14th Amendment is a powerful instrument with regard to the judicial system in the United States. It changed the status of many people from non-citizen to citizen, thereby affording them protection under the law not previously imputed. It provided that all states provide equal protection under the law to all citizens. It expounded on the federal notion that all citizens of the United States are granted certain privileges and immunities and that no state can alter or deny these privileges or immunities. It went further by adding that 'no state may deprive any person of life, liberty, or property, without due process of law."

By extending the notion of due process to the individual states, it has had far reaching effects on the legal system in the United States. Due process is essentially the idea that all laws and their application (both civil and criminal), must be fair. It is this sense of fairness that drives both the criminal and civil justice systems in the United States. There are many examples of the application of due process which are now taken for granted, but did not exist prior to the ratification of the 14th Amendment. These include processes and laws regarding both criminal and civil procedures.

In the United States, the presumption of innocence is a given, both criminally and civilly. This is based on the idea that one cannot be deprived of life, liberty, or property without due process of law. Therefore, one cannot be executed for a crime, sent to prison, or have one's property seized without being afforded the opportunity to defend oneself in a court of law. Further, the onus of proving that one deserves to have either their life, liberty, or property taken, must follow specific procedures and meet very specific criteria. If these criteria are not met and/or the procedures not followed, the person may not be deprived of these privileges and/or immunities.

The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.

Due process is also the root of the discovery rules in the United States. It is the notion of fairness that requires that an accused be apprised of the evidence against him/her. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense.

The impact of the 14th Amendment also comes into play when applied to who can fairly preside over a legal issue. Any judge who knows or should know that there may be a question of their ability to fairly preside over a legal issue may be required to recuse himself/herself. This is true in both civil and criminal procedures. Thus, a judge whose daughter is alleged to have been killed by a defendant cannot preside over the criminal case against that defendant. Obviously, that judge could not be presumed to fairly adjudicate the action against the accused.