Amendments to the Constitution In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)

At the heart of these issues are due process of law, equal protection and various procedures. These areas are designed to offer specific protections for defendants and as a guide in their prosecution / questioning. To fully understand what is taking place requires examining due process, the cases, the role of equal protection and the different procedural powers. Together, these elements will illustrate the long-term effects they have in safeguarding personal freedom.

What is Due Process?

Due process of law is discussed in the Fifth Amendment. It focuses on the defendant's right to have a fair trial by prohibiting the government from depriving them of their life, liberty and property. Evidence of this can be seen with the Firth Amendment stating, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." This is demonstrating how due process is basic right that is designed to ensure transparency and openness as a part of the judicial process.

What types of cases are ruled under procedural due process, substantive due process, and equal protection?

Procedural due process is focusing on the rights someone has during an arrest, searches, seizures and the scope of the authority of law enforcement. In general, a warrant is necessary during times when the police believe that crime is about to or in the process of being committed. The 4th Amendment prevents unusual searches and seizures. In these situations, the police must present their evidence to a judge showing this. It is at this point, they will provide law enforcement with a written document allowing them to go into the property. This is to prevent the police from raiding anyone's house or place of business based upon uncorroborated reports. Instead, they must demonstrate why they want to go into the location and how is it relevant to their investigation. (Stering, 2004)

At the same time, the motor vehicle exemption allows the police to search motor vehicles without a warrant. This is based upon the case precedent established from a series of decisions. The most notable include: Carroll vs. United States, Pennsylvania vs. Labron and Wyoming vs. Houghton. Carroll vs. United States was the first decision that established the case precedent for the police not needing a warrant to search a motor vehicle. In these situations, they found that it is not practical to obtain a warrant prior to searching the vehicle. This is because someone may be carrying contraband and could destroy evidence as the police are presenting their case to a judge. Moreover, the vehicle is moving into and out of different jurisdictions. Under the Constitution, Congress has the expressed power (via the Executive branch) to determine the difference between a fixed location and something that moves. The result is that the efforts of the police are hampered through having to follow strict search and seizure guidelines. (Stering, 2004)

Pennsylvania vs. Labron is adding to these insights by stating how probable cause exists for anything that is readily mobile. Commenting about this situation the court said, "If a car...

The scope of the search is limited to only what area the officer has probable cause to search. This area can encompass the entire vehicle including the trunk. The motor vehicle exception in addition to allowing officers to search the vehicle also allows officers to search any containers found inside the vehicle that could contain the evidence or contraband being searched for. The objects searched do not need to belong to the owner of the vehicle." (Stering, 2004) This is confirming the precedent established under Carroll vs. United States and it is including what parts of the vehicle are subject to these provisions. (Stering, 2004)
Wyoming vs. Houghton is adding to the rulings from the first two cases. It determined that the ownership of different items is irrelevant. This is because the Fourth Amendment allows these kinds of searches. Anyone who claims certain items are making a moot point and subject to the standards of probable cause. (Stering, 2004)

Substantive due process is focusing on the role superiority of the federal courts and laws to those of the states. A good example of case precedent supporting this is Marbury v. Madison. It established the superiority of the Constitution over the interpretation of judges and state laws. However, throughout the course of American history, these ideas are based upon the views of specific justices or magistrates within the legal system. (Stering, 2004)

Equal protection is designed to ensure that everyone has the same rights and guarantees under the law. These issues have been continually debated with the Supreme Court making conflicting interpretations. The result is that various courts decisions have allowed for these basic protections to be overlooked when it comes to specific segment of society (i.e. Dred Scott v. Stanford and Plessy v. Ferguson). Over the course of time, these decisions are struck down by changes within Constitution itself or new rulings that challenge them (i.e. The Fourteenth Amendment and Brown v. The Board of Education). These shifts have lead to the Constitution being applied more equally in comparison with other periods. (Strauss, 2010)

What are the major differences between substantive due process and equal protection?

Substantive due process is emphasizing the role of the federal government in contrast with the states. This is designed to provide areas which are reserved for each of them and situations where federal laws supersede them. Equal protection is preventing the states and federal governments from favoring one segment of society over others. This is designed to provide an extra safeguard in order to reevaluate laws and their impact on various demographics. (Strauss, 2010)

The 14th Amendment gives everyone equal protection under the law. This means that they must receive the same treatment regardless of his economic / racial background or the fact that he may have actually committed the crime. These areas are important, as they can be used for grounds to appeal the decision. This ensures that the defendant is treated fairly throughout the process and is convicted of the crime beyond a reasonable doubt. (Strauss, 2010)

What are the major differences between procedural due process and substantive due process?

Procedural due process is designed to protect the public against an overly aggressive Executive branch. This concept works in conjunction with other Amendments to offer an overall understanding of how this should occur. The 4th Amendment prevents unusual searches and seizures. It prevents the police from illegally searching a location without a warrant. The 5th Amendment prevents self-incrimination and ensures due process of law. This protects suspects who could be forced to confess to the crime and incriminate himself in the process. The 6th Amendment is establishes the right to fair / speedy trial, confront accusers and access to legal counsel. The 8th Amendment is looking at cruel and unusual punishment. This is relevant, as the defendant could be sentenced to harsher punishments in comparison with the actual crime (such as: the death penalty). Due process plays a role in regulating this and the effects it is having on them. (Strauss, 2010)

Substantive due process is emphasizing the powers of the federal government and the states. These areas of authority are spelled out in different parts of the Constitution. For instance, the Supremacy Clause states all federal laws will overrule state regulations. This is because Congress has the power to regulate commerce in the Constitution. To ensure the efficient flow of trade between states, they will use this in conjunction with the Supremacy Clause to establish a universal standard for everyone to…