What is meant by "Fundamental Fairness"?
Fundamental Fairness
is the balance or impartiality that is essential to due process
and
a subjective standard by which a court proceeding is deemed to have followed due process.
Fundamental Fairness is a legal theory requiring that the law and government must provide individuals with due process before taking away their liberty, life or property. It is a process that applies to the rule of due process which is guaranteed by the Fifth and Fourteenth Amendments of the U.S. Constitution.
What are the various components of due process in criminal procedure? In your response, include some examples of procedural protections that are afforded to individuals in a criminal case.
The due process components are actually fairly straight forward. An individual has the right to receive fair notice of the hearing, the right to secure the assistance of counsel and the right to cross examine a witness. Also, a written decision with reasons based on evidence introduced, and with an opportunity
to appeal the decision must be granted.
How does the court balances individual rights against government interests? The court balances individual rights against government interests based on our constitution and due process. By courts using due process it enables them to ensure they are following the process
