What does "due process" guarantee under the Fourteenth Amendment?

The Fourteenth Amendment's "due process" clause guarantees that legal proceedings will be fair, ensuring both notice and an opportunity to be heard. This fundamental principle is rooted in the protection of individual rights and the integrity of the legal system. Due process requires that individuals cannot be deprived of their life, liberty, or property without appropriate legal procedures. This means that before someone can face legal penalties or loss of rights, they must be informed of the charges and have a chance to defend themselves in court.

The other options do not accurately reflect the essence of what "due process" encompasses. While some legal proceedings take place in federal courts, due process itself does not specifically mandate this. Similarly, the notion that all crimes are prosecuted equally does not rest solely on the due process clause; rather, it touches on the principles of justice and equality under the law, which are broader concepts. The right to have a defense attorney, while crucial for fair trials, is articulated in different contexts, such as the Sixth Amendment, rather than being a direct requirement of the due process clause itself. Therefore, recognizing that due process is about the fairness and procedural safeguards in legal proceedings is critical to understanding this constitutional guarantee.