On what constitutional amendments are due process guarantees based? Can we ensure due process in our legal system without substantially increasing the risk of criminal activity?

Question

What will be an ideal response?

Answer 1

Due process generally focuses on the processes in place to protect individual rights. These rights are guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution. It is difficult to fairly balance due process with the risk of criminal activity. If due process rights are increased, and additional procedural constraints are put in place limiting police investigation procedures, then it is likely that criminal activity will increase. If due process rights are limited, then criminal activity might decrease. The attempt to balance these positions provides an explanation for the constant state of flux of due process guarantees.