What is due process?

Due process refers to the legal proceedings and protocols that must be followed to ensure that an individual’s rights are protected before the government can deprive them of life, liberty, or property. This principle is foundational in the legal system, stemming from the Fifth and Fourteenth Amendments of the U.S. Constitution, which guarantee that no person shall be "deprived of life, liberty, or property, without due process of law."

The essence of due process is to ensure fairness in legal proceedings, providing individuals with the opportunity to be heard and to defend themselves against any accusations or actions taken by the state. This protection is crucial for preventing arbitrary decisions and ensuring that justice is administered fairly.

The other options, while related to aspects of law and rights, do not accurately capture the comprehensive nature of due process. Legislative review pertains to the evaluation of laws rather than the protections afforded during legal proceedings, and the amendment process relates specifically to making changes to the Constitution, not the safeguards provided under due process. Lastly, while citizens’ rights during a criminal trial are a significant aspect of due process, this concept encompasses much broader protections that apply in various legal contexts beyond just criminal trials.