The Fourteenth Amendment is one of the most controversial laws in the US. The law comprises the bill of rights and has raised diverse views from different people as they seek to explain their understanding of some of the principles promoted by the amendment. One of the principles that is promoted by the Fourteenth amendment is the due process. The clause of due process ensures that states do not interfere with a citizens basic interests without following the due procedure. It is important to understand that each and every citizen has their rights and they are innocent in the absence of evidence that they are guilty of committing any crime (Woods, 2016). It must be understood that the rights are not only limited to the prevention of physical restraint but also must allow citizens the rights to engage in other activities such as entering into contracts like other free men. In any case a state fails to allow citizens the said liberty they must be ready to provide a compelling rationale for their actions. The equal protection is another principle that is provided for by the 14th amendment. It is important to understand that all the citizens of the United States of America have the equal rights to be treated equally without any discrimination. Discrimination based on race, gender and age is highly prohibited and discouraged by the amendment. It is important to understand that the law does not only protect the rights of its citizens but also of all other people who are legally within its borders (Woods, 2016). Fundamental fairness is also important to all citizens of the United States of America. It is important to understand that during any legal proceedings all legal parties should be equally treated in order to ensure the fairness of the proceedings. In cases whereby one party is disadvantaged it may be difficult to ensure that justice is served.
Identity theft is one of the major challenges that the authorities have been trying to address. Identity theft can be described as obtaining one’s personal information without their approval in order to commit a crime (Finklea, 2009). One of the issues that has been raised is whether or not one can be accused of conducting identity theft if they have not already made use of the information to undertake any criminal activity. In this case it is important to understand that if one is proven to have obtained the information with the intention of committing a crime then they can be charged with identity theft. The congress has passed several laws in order to curb the vice of identity theft. One of the laws that has been passed by the congress was the Identity Theft and Assumption Deterrence Act which was passed in 1998 and sought to make identity theft a federal crime (Finklea, 2009). In 2004, the congress also passed the Identity Theft Penalty Enhancement Act which sought to increase the punishment for those found committing felonies by identity theft. Different states have put up different legislations that aim to curb the issue of identity theft. One of the States that has had several laws that aim at curbing the vice is the state of Florida. A person found guilty of committing the crime may be jailed or ordered to reinstitute the victim (Holtfreter & Holtfreter, 2006). In this case, the victim should be reimbursed an amount equal to that of the damage caused and out of pockets costs incurred as a result of the action.
References
Woods Jr, T. E. (2016). nd The 14th Amendment Never Ratified. Accessed Feb, 5, 693.
Finklea, K. M. (2009). Identity theft: Trends and issues. DIANE Publishing.
Holtfreter, R. E., & Holtfreter, K. (2006). Gauging the effectiveness of US identity theft legislation. Journal of Financial Crime, 13(1), 56-64.
