What is Due Process, Anyway?

Due process is one of the most important rights guaranteed by the U.S. Constitution. It means that the government must follow fair procedures before it can take away a person’s life, liberty, or property.

How due process protects the right to be heard, have fair procedures, and get a fair chance

Both the Fifth and Fourteenth Amendments protect these rights — making sure that no one can be punished, imprisoned, or fined without a chance to be heard, to present a defense, and to be treated fairly under the law.

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BONUS: Due process isn’t just for citizens — it applies to everyone under U.S. jurisdiction, including immigrants, incarcerated people, and others who might not always have a strong voice in the system.

At its core, due process is about dignity, fairness, and making sure the rules apply equally — no matter who you are.

➔ Gideon v. Wainwright: is the landmark case about due process and the right to counsel.
Why it matters

In 1963, the U.S. Supreme Court ruled in Gideon v. Wainwright that people accused of a crime have the right to an attorney — even if they can’t afford one.
The case started with Clarence Earl Gideon, a poor man in Florida who was forced to defend himself at trial. His story reshaped American law and strengthened the idea that due process isn’t just for the wealthy — it’s a right for everyone.

Protecting rights isn’t just about technicalities — it’s about making sure the government earns every step it takes against a person.

As Travis Williams, one of the three public defenders profiled in HBO’s Gideon’s Angels put it:
“You wanna take my liberty, you gotta do it right. And if you don’t — acquit.”

Williams frames his wins and mounts them on a wall. Losses are tattooed on his back. Eight clients’ names so far (in 2013).

This spirit — the demand for fairness — is exactly what due process is meant to guarantee. Watch the trailer for Gideon’s Angels below for a closer look at some of the people fighting for this promise today.