Therefore, while a protestor may anger a lot of people by burning the American flag, he has the right to do so under the 14th Amendment. With the 14th Amendment, however, due process is a natural right that protects American citizens from government interference with their ability to live their lives, unless what they’re doing is illegal.įor example, the 14th Amendment further protects a person’s right to freedom of speech under the Bill of Rights to the Constitution. With the 5th Amendment, due process takes place within the court system. The main difference between them is that the 14th Amendment is more specific with regard to the inclusion of due process.
Fair treatment includes, for instance, the right to a trial by jury upon being accused of a crime.īoth amendments are similarly worded with regard to their treatment of the equal protection clause. citizens have to be treated fairly in the judicial system. Due process of law is the entitlement that all U.S. citizens, and no one can make a law that deprives a person of his right to “life, liberty and property” without due process of law.
On the other hand, the 14th Amendment says that all persons born in the U.S., or provided with U.S.
Once a person is found innocent by a jury of his peers, even if new evidence is raised after the fact that proves he is actually guilty, he cannot be tried again for that same crime. The 5th Amendment prevents this from happening. The 5th Amendment also protects people from something called “double jeopardy.” Double jeopardy is the process by which a person who was accused of a crime, and found innocent, would then be charged with that same crime again. Their opinion is that, if he has nothing to hide, why wouldn’t he just testify and clear his name? Why would he make it harder for the attorneys to prove their case unless he had something he didn’t want them to know. Unfortunately, while it is a person’s right to “plead the fifth,” many believe that someone who pleads the 5th may, in fact, be guilty.