Summary of Due Process of Law: Crash Course Government and Politics #28

00:00:00 - 00:05:00

The concept of due process of law is explored in this video, specifically in relation to criminal proceedings. Procedural due process entails the court's examination of whether the government followed proper procedures in law enforcement and adjudication, and the Fifth and Sixth Amendments offer protections to defendants in criminal cases. The Sixth Amendment guarantees a speedy, public trial with a jury of peers, while the Fifth Amendment protects against self-incrimination. The right to an attorney, established in Gideon v. Wainwright and invoked in the Miranda warning, is also highlighted. The video stresses the importance of these procedural protections given the significant impact a trial can have on a defendant's liberty and life.

• 00:00:00 In this section, we learn about due process of law and how it applies to criminal proceedings. Due process refers to any type of legal action, but we focus on criminal proceedings because the government brings criminal charges. Due process can involve substantive due process or procedural due process. Procedural due process is the court's way of examining whether the government acted properly in applying its power, and this means that the government must follow certain procedural limitations on law enforcement and adjudication. The Fifth and Sixth Amendments to the Constitution provide protections for defendants in criminal cases, particularly in ensuring that the government does not have the power to arbitrarily put citizens in jail or take away their liberties. The Fifth Amendment protects defendants from self-incrimination, while the Sixth Amendment guarantees the right to a speedy public trial, an impartial jury, knowledge of the nature of the accusation, the ability to confront witnesses, and the right to counsel.
• 00:05:00 In this section, the concept of a fair trial is explained as a speedy, public trial with a jury of peers, where the accused has the right to know what they are charged with and cross-examine witnesses. The right to an attorney, established in the case of Gideon v. Wainwright and part of the Miranda warning, is highlighted. The Miranda case itself is briefly explained, with the court ruling that individuals must be informed of their due process protections for them to be valid, leading to the requirement for police to inform individuals of their right to remain silent and their right to an attorney when taken into custody. The importance of these procedural protections is emphasized, especially given that a defendant's fundamental liberty and potentially their life are at stake in a trial.