Mill Valley, CA asked in Constitutional Law for California

Q: Does the fourteenth amendment [right to a fair trial] condition and clause also apply to government entity trials ???

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1 Lawyer Answer
Timothy Alan Provis
Timothy Alan Provis
  • Criminal Law Lawyer
  • Port Washington, WI
  • Licensed in California

A: Your question does not make any sense to me.

First of all the 14th Amendment nowhere contains any clause referring to the right to a fair trial. The Due Process right to a fair trial which the 14th Amendment guarantees is something which has been built up over time by decisions of the U.S. Supreme Court. See generally Jerold H. Israel, Free-Standing Due Process and Criminal Procedure, 45 St. Louis U. L.J. 303, 389-395 (2001).

Secondly, this right is applicable only in criminal cases. There are some basic rights that apply in civil trials but they are very limited.

Finally, I have no clue as to what you mean by "government entity" trials. Constitutional rights apply to generally to court cases. If you are talking about hearings held by administrative agencies such as a state DMV or the federal INS, these are in general not trials and so there are few enforceable constitutional rights.

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