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 South Carolina, as in all states, the protections of the Fifth Amendment and the Fourteenth Amendment to the United States Constitution are fully applicable. The Fifth Amendment ensures that at the federal level, no person can be deprived of life, liberty, or property without due process of law, which includes protections against double jeopardy, self-incrimination, and guarantees the right to a grand jury for capital or infamous crimes, except in military cases. The Fourteenth Amendment extends similar protections to actions by state governments, ensuring that no state, including South Carolina, can deprive any person of life, liberty, or property without due process of law, and it mandates equal protection under the laws. These constitutional protections are foundational to the criminal justice system and property rights in South Carolina, and they provide a framework within which state statutes and regulations must operate. Attorneys in South Carolina must ensure that state actions comply with both the due process and equal protection clauses of the Constitution when advising clients or representing them in legal matters.