Substantive due process and procedural due process DQ - 75523

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Due process developed out of the rights established in the Constitution and the Bill of Rights. Due process is the legal rights that ensure equal and fair treatment of every defendant in legal proceedings. Substantive due process is the protection of the individual rights afforded the citizen in the Bill of Rights. The government cannot deprive the citizen the right to life, liberty, and the pursuit of happiness or any of the individual rights they have been afforded. If these rights are violated the court will respond to this governmental intrusion. For example in Lawrence vs. Texas a sodomy law in Texas was struck from law by the court due to the government intrusion it caused on the liberty of the citizen. The right to privacy is a fundamental right that cannot be intruded upon. Procedural due process ensures the state is fundamentally fair in the laws they create (NPC, 2007). For example if the government denies a person a hearing when a crime is committed and just send them straight to ail to serve a five year prison sentence there procedural due process has been denied