The due process clause states, “No person shall…be deprived of life, liberty, or property, without due process of law.” The due process clause in the Fifth Amendment applies to federal crimes and federal criminal prosecutions. The federal due process clause is mirrored in the Fourteenth Amendment, which guarantees due process of law in statecriminal prosecutions. Most states have a similar provision in their constitutions. 1
Substantive due process protects individuals from an unreasonable loss of substantive rights, such as the right to speak freely and the right to privacy.Procedural due process protects individuals from being criminally punished without notice and an opportunity to be heard. Both substantive and procedural due processes ensure that individuals are not denied their life (capital punishment), liberty (incarceration), or property (forfeiture) arbitrarily.
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