Essay On Substantive Due Process

Abstract Due process is an American citizen’s right to fair treatment in the judicial system of the United States. Within the Amendments in the Bill of Rights, the American people are guaranteed the right to due process as established in the Fifth Amendment, and this right is extended through our state laws in the Fourteenth Amendment. Due process can be broken down into two subcategories: substantive due process and procedural due process. Substantive due process outlines an individual’s protection from the violation of their rights and freedoms established in the Constitution and the Amendments through the Bill of Rights. On the other hand, procedural due process discusses certain procedural requirements that are necessary in order to protect the fundamental rights of the American people. This research will seek to compare Fifth and Fourteenth Amendment, and their recent impact on the healthcare industry and will provide several case examples of health related cases that have been tried in court due to an infringement on an individual’s right to due process.

Due Process: How the 5th and 14th Amendment Relate to Healthcare Due process is an American citizen’s right to fair treatment in the judicial system of the United States. Within the Amendments in the Bill of
She is accused of stealing $1.7 million out of the $11 million that was given to the Birmingham clinic from the federal government. When she went to trial, the judge asked her if she would testify even though her attorneys told the prosecutors that she wouldn’t testify, and Mollica told the judge that she wanted to “invoke her Fifth Amendment right against self-incrimination to each of 48 questions” that they planned to ask (Faulk,