Governmental Misconduct and the Right of Liberty

The due process clauses of the fifth and fourth amendments to the United States Constitution protect individuals from arbitrary and capricious government action. This article explores the violation of a criminal defendant's right to liberty when a conviction is the result of unreasonable law enforcement misconduct. The article examines the limitations placed on the actions of government officials contained in the fourth and fifth amendments and the defense of entrapment. It also offers an analysis of the nature and scope of the due process right of liberty, through a philosophical lens.

This article finally posits the legal basis for recognizing constitutional protection of the liberty interest from law enforcement illegality, analyzing the principles underlying constitutional provisions seeking to secure liberty of individuals.