American due process derives from the provisions of the Magna Carta of England, clause 39 "no freeman shall be taken or imprisoned or dissected or exiled or destroyed in any way whatsoever , neither will we go upon him nor send against him, except by the lawful judgment of his peers or by the law of the land (Magna Carta, 1215). Due process was established and outlined in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment provides that the United States government “shall not deprive any person of life, liberty, or property without due process of law.” The Fourteenth Amendment provides that “no state shall deprive any person of life, liberty, or property without due process of law.” It was through the Fourteenth Amendment that the United States Supreme Court ensured the protection of the fundamental liberties of the state's citizens. The Fourteenth Amendment has become a “fundamental element of modern criminal procedure” (Zalman, 2005). In the 1940s and 1950s, the United States Supreme Court realized that the Constitution placed limits on state procedures. The United States Supreme Court had to determine what limits were set by the Constitution and how to deal with them. The justices were divided on how to clarify states' limits on legal procedures. There were basically two schools of thought, the doctrine of fundamental fairness and the doctrine of incorporation (Samaha, 2002). Justice Felix Frankfurter was a proponent of the fundamental fairness doctrine (Rabkin, 2010). To understand why Justice Frankfurter upheld the fundamental fairness doctrine, one must know the underlying structure of the doctrine itself. It is also necessary to know the background of Judge Frankfurter which strongly influenced his decision...... middle of article...... Rochin v. California, 342 US 165). It is thanks to Justice Black's agreement in the Rochin case that we can see the importance and necessity of the incorporation of the Bill of Rights to the States via the Fourteenth Amendment. Incorporation seems to be the only way to eliminate some potential for one's own preferences and ideas to influence what is right and decent. Justice Black, in his dissent in Adamson v. California (1947), proposed incorporation as a way to avoid arbitrary judicial rulings and to rely more on the original intent of the Constitution and Bill of Rights. Incorporation became readily accepted and widely used during the 1960s, at which time the Court incorporated the majority of criminal procedure rights into the Bill of Rights. This action required states to view these rights as a guarantee for their citizens (Zalman, 2005).