The Fifth Amendment to the United States Constitution provides that the federal government may not deprive any person of life, liberty, or property without due process of law:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
And the Fourteenth Amendment to the U.S. Constitution provides that state governments may not deprive any person of life, liberty, or property without due process of law:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In New Mexico, as in all states, the Fifth Amendment of the U.S. Constitution guarantees that the federal government cannot deprive a person of life, liberty, or property without due process of law. This includes protections against double jeopardy, self-incrimination, and ensures the right to a grand jury for capital or infamous crimes, except in military cases. Additionally, the Fourteenth Amendment extends these due process rights to actions by state governments, ensuring that New Mexico cannot deprive any person of life, liberty, or property without due process of law and must provide equal protection under the law to all persons within its jurisdiction. These constitutional protections are fundamental to the legal system and are enforced by courts at both the federal and state levels, including New Mexico's state courts. An attorney can provide specific guidance on how these amendments apply in particular legal situations within New Mexico.