The Fourteenth Amendment: Ensuring Equal Protection and Due Process for All Citizens
Historical Facts and Background
The Fourteenth Amendment, ratified in 1868 in the aftermath of the Civil War, fundamentally reshaped the relationship between individual rights and state power.
Its primary purpose was to guarantee civil rights and equal protection under the law to formerly enslaved people, but its broad language has since been interpreted to extend far beyond that initial scope.
Key clauses, particularly the Due Process Clause and the Equal Protection Clause, have become central to criminal defense, applying many of the Bill of Rights' protections to state and local governments.
Caselaws
-
Powell v. Alabama, 287 U.S. 45 (1932) (
https://supreme.justia.com/cases/federal/us/287/45/ -
Gideon v. Wainwright, 372 U.S. 335 (1963) (
https://supreme.justia.com/cases/federal/us/372/335/
How People Are Protected by the Laws
The Fourteenth Amendment's Due Process Clause ensures that states cannot deprive any person of "life, liberty, or property, without due process of law."
This means that all criminal proceedings at the state level must be fair and follow established legal procedures, encompassing rights such as the right to notice of charges, the right to a hearing, and the right to present a defense.
The Equal Protection Clause guarantees that all individuals similarly situated must be treated alike under the law, preventing discriminatory application of criminal statutes or procedures based on race, religion, or other protected characteristics.
Abuse of Rights by the Courts
Despite its vital role, the Fourteenth Amendment can be subject to judicial interpretations that may undermine its protections.
One example is the allowance of "implicit bias" in jury selection or police interactions, where systemic biases, though not overtly discriminatory, can lead to unequal treatment in the criminal justice system without being explicitly addressed by the Equal Protection Clause.
Another concern is the inconsistent application of due process in state courts, where varying interpretations of what constitutes "fair procedure" can lead to disparities in justice for defendants across different jurisdictions.
Komorn Law
Since 1993, Komorn Law has been a staunch advocate for the equal protection and due process rights guaranteed by the Fourteenth Amendment.
Attorney Michael Komorn and his team possess a mature understanding of how these fundamental principles apply to state-level criminal defense.
We meticulously scrutinize police procedures, prosecutorial conduct, and judicial rulings to ensure our clients receive fair treatment and equal protection under the law. Komorn Law is dedicated to challenging any actions that deny our clients their constitutional rights.
If you believe your Fourteenth Amendment rights have been violated, contact Komorn Law at 248-357-2550 or visit
Charged with a Crime?
Better Call Komorn
