Which term refers to the procedures that protect individual rights in the criminal justice process?

The term that refers to the procedures designed to safeguard individual rights within the criminal justice process is procedural due process. This concept ensures that individuals receive fair treatment through the judicial system by establishing guidelines and processes that must be followed before the government can deprive someone of life, liberty, or property.

Procedural due process focuses on the methods and steps taken in legal proceedings, ensuring that accused individuals have the opportunity to present their case, receive notice of proceedings, and appeal decisions. It serves as a fundamental principle that mandates transparency and fairness in the administration of justice, thereby protecting individuals from arbitrary state actions.

Substantive due process, while related, primarily concerns the rights guaranteed against government interference, as it involves the fundamental rights themselves rather than the procedures used to enforce those rights. Due process of law is a broader term that encompasses both substantive and procedural due process but can refer more generally to the legal framework that governs both concepts. Judicial review refers to the power of courts to invalidate laws or government actions that violate the constitution, which is a different mechanism than the procedural safeguards for individual rights.