Due Process Arpaio

Due process is when all criminal suspects are guaranteed that they will have the ability to question the evidence against them in an open format. This is where they are entitled to the same protections and procedures as everyone else during a criminal proceeding. As a result, anything that is denying them of these safeguards is violation of their basic rights. (Sundahl, 2011)

Due Process of law can be defined as a right guaranteed in the 5th and 14th amendments of the U.S.

The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)

The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person, each and every second and no one some of the time. Debates are good for both models, but for all growth on one side, there must be one on the opposing side as well. The Crime Control Model, prosecutor or the police, is not in favor for the Due Process Model, a person, to have more rights than they do. Each and every individual who is a United States citizen should know what his or her rights are.

“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due

The people has made it clear that the concern on racial profiling is wrong with our core values and principles of fairness and justice. The use of race as the basis for law enforcement decision making clearly has a terrible cost, both to the individual who suffer invidious discrimination and to the nation, whose goal “liberty and justice for all” recedes with every act of such discrimination. For this reason many cases impose more

Cornell Law provides a substantial amount of raw information on the Due Process Clause, covering topics ranging from its meaning in the nineteenth century to court cases that interpret its definition today. The source mentions small details about due process, such as influential procedures that the clause almost always follows, and when due process applies to freedoms and liberties. However, the next two sources describe the amendments which incorporate due process. Dr. Chapman and Dr. Yoshino present the Fourteenth Amendment as a primary source, citing word for word each of its five sections to include the Due Process Clause. The two then go into detail describing the topics “Substantive Due Process”, “Procedural Due Process”, and “Incorporation of the Bill of Rights Against the States”, citing examples of when the Due Process Clause was used throughout history. Mr. Ryan not only a provides a primary source of the Fifth Amendment, one of the only two amendments that mention due process, but goes in depth on the topics of grand juries, double jeopardy, the Just Compensation Clause and self-incrimination, distinguishing them from the due process clause. He

The jury system in America is also influence by the English jury system. Another one of America’s constitutional right is due process which is the basic for fairness that is important in the judicial system which allows our system to work with honor and integrity. According to Currie (1992), the factors of due process involve the United States Constitution; Amendments V, and XIV and in 1970 Illinois State Constitution adopted some rights for due process.

The bias practices toward Latinos as mentioned earlier, such as driving while brown and stop and frisk contributes the disproportionate representation of Latinos and their mass imprisonment within the system. Latinos are being stopped more than once and are being detained because of the lack of legal documentations, or simply put, because of their identity and they are all suspects of crime. According to Walker, “Latinos represented 12.5% of the general U.S. population in 2000, but they constituted more than 31% of incarcerated individuals in the federal criminal justice system that year” (2004). From the “moment of arrest through the adjudication process to sentencing, probation, parole, and capital punishment, Latinos are mistreated by the system” and it is unfair for Latinos to be treated unfairly when they are supposed to be protected by the Fourteenth amendment to the United States Constitution (Walker,

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

The due process model insists on a formal, fact-finding process in which cases are handled publicly by impartial trial courts (Bohm & Haley, 2011). In the due process model, there is no presumption of guilt. The guilt of the suspects is not determined until the suspects have had a chance to discredit the allegations (Bohm & Haley, 2011). In the due process model, the demand for finality is low and the goal is to protect the innocent and convict the guilty (Bohm & Haley, 2011).

In our government today we have due process of law. Due process of law simply means that we have protection against a chance deprivation of life, liberty or property. Within the due process law, if you are to be accused of something it has to be under fair and reasonable circumstances. If we are ever to be arrested of something, under due process it commands that we are taken to court and showed a cause. It is very important that we have due process in the law for the people of the United States. Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of

Procedural due process deals with the rules that when a law is implemented it must be fair. Essentially it’s based on the concept of fundamental fairness. If there is a threat to your life, liberty, or property, then something needs to happen procedurally before that threat can be actualize. First, you have to be adequately notified of the charges or proceeding. In addition, you have to be present with an opportunity to be

“Don 't Abandon Due Process, Not Even for Terrorism” is an editorial written on September 22nd by Andrew Napolitano published on Reason.com. The editorial discusses the use by the American justice system of Due Process in extreme cases such as terrorism. Due Process is defined as, “fair treatment through the normal judicial system, especially as a citizen 's entitlement.” Since the turn of the twenty first century, there has been a worldwide increase in the amount of large scale terror attacks especially on our domestic soil. Napolitano’s editorial pulls upon many sources such as factual information, testimonials, and recent events. His argument can be summed up in a sentence: “Without due process for those we hate and fear, even those whose guilt is obvious, we will all lose our freedoms.” In the editorial Napolitano hits on three major points: the constitutional bindings of our country, the recent track record of our country with terrorism, and his own experience as a New Jersey Superior Court judge for eight years.

The two types of due process is the procedural due process and the substantive due process. Procedural due process is that government officials must follow procedures and not act without a reason when making laws. It requires the government to act in particular ways before regulating or taking away the life, liberty, or property of someone. The proceedings must be clear by stating the charges that the person have done and fair where they have a jury and the right to bring witnesses. Substantive due process is the Constitution prohibits some laws, no matter how popular those laws may be with legislatures, executives, or the people. It is based on the idea that some rights are important to the point that the government must have a reason to change