Rights of the Accused Introduction Framers and founders had the greatest fear that so much power had been vested upon governments, which allowed them to act unreasonably and unfairly. The framers incorporated the due process in the Fifth Amendment with an intention of preventing such abuse of power by governments (Bodenhamer, 2002). Define due process and its origins. The due process refers to the legal requirement that the federal government should give respect to all an individual’s legal rights. The due process offers a balance between the powers of law and ensures that individuals are protected from it.