a fundamental principle of fairness in all legal matters, both civil and criminal,
especially in the courts. All legal procedures set by statute and court practice,
including notice of rights, must be followed for each individual so that no prejudicial
or unequal treatment will result. While somewhat indefinite, the term can be gauged
by its aim to safeguard both private and public rights against unfairness. The universal
guarantee of due process is in the Fifth Amendment to the U. S. Constitution, which
provides "No person shall…be deprived of life, liberty, or property, without due
process of law," and is applied to all states by the 14th Amendment. From this basic
principle flows many legal decisions determining both procedural and substantive
rights.
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