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Fundamental fairness refers to the impartial court proceedings that follow the due process, or set of procedures in the justice system that protect a citizen’s right of life, liberty, and property from seizure without proper measures (Cornell Law School, 2018). The basis of due process is built on the foundation of the 5th and 14th Amendments (University of Minnesota, 2015). The 5th Amendment protects citizens from self-incrimination, double jeopardy, and requires citizens’ cases be held in front of a jury; protecting citizens from unnecessary loss of life liberty or property (University of Minnesota, 2015). The 14th Amendment focusses on citizenship, but also has an important section regarding due process that ensures citizens’ protection of the laws (University of Minnesota, 2015). Although the 5th and 14th Amendments specifically reference due process, other amendments also ensure the protection of citizens from the government. The 6th Amendment grants a citizen the right to legal counsel and a speedy trial by a jury of peers where the crime occurred (University of Minnesota, 2015). Furthermore, the 8thAmendment protects citizens from cruel or unnecessary punishment for the crimes they committed (University of Minnesota, 2015). These are just a few of the protections given to citizens in the justice system.
The task of balancing the rights of citizens and the best interests of the government can be difficult. The courts must decide which freedoms must be regulated to ensure the safety of the public and the best interest government and which rights should not be infringed. This is done through the development and implementation of laws.
-Austin
References
Cornell Law School. (2018). Generally: The Principle Of Fundamental Fairness. Retrieved
November 6, 2018, from https://www.law.cornell.edu/constitution-conan/amendment-
14/section-1/generally-the-principle-of-fundamental-fairness
University of Minnesota. (2015, December 17). Criminal Law. Retrieved November 7, 2018,
from https://open.lib.umn.edu/criminallaw/chapter/3-2-the-due-process-and-equal-
protection-clauses/
