Due Process

The great promise of America that has made a British colony in the 50 States today is Freedom. Many Freedoms which still today cause people to flock to the United States. The history of these freedoms starts centuries ago and has developed, revolutionized, and persisted all the way through today. At the core of these Freedoms is the idea of Due Process, the idea that everyone has rights and freedom until they are deprived of them arbitrarily, or by the will of a just third party. Due process has been the most powerful force in American Criminal Justice since its creation and development. It has caused many people to win over the overwhelming odds in court cases and has presided over many righteous

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)

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)

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 United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have

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.

One example of this was in the case of Richardson v. Wright (1972). This law required the opportunity to appeal and provide sufficient evidence before the state can terminate disability benefits (407,O’Brien). Today it is your right to appeal and to plead your case so the state won’t cut the benefits off since these individuals rely on these to sustain their economic lifestyles. The due process clause was broken into two processes which were substantive and procedural due process. “Procedural due process implies, the minimum objectives the government before it deprives any citizen of life, liberty, or property” (545, Chemerinsky). Procedural due process refers to a specific kind of notice and the opportunity to provide a cross examination for the recipient to plead its case to not lose their benefits. The second process is

A landmark case that shifted the attention to due process was Miranda vs. Arizona. In this historical landmark case the Miranda Rights got there famous name from this man Ernesto Miranda. The attention shifted to due process because of the fact that Miranda pled his rights were not read to him, therefore he did not know he could not self-incriminate himself. He claimed she was coerced to giving his confession (Miranda v. Arizona). From then on the criminal justice system new they had to do something about criminals trying to flee from the law by saying their rights were not read to them. Police departments everywhere new something had to be done. Therefore the Miranda rights were born all criminals were being arrested had to be read their Miranda Rights, therefore they could not plead that their rights were not read to them that is why the Miranda Rights is an important part of the due process. It is not fair to the suspect to arrest him and not to let them know why they are being detained, or

Due process makes it so that the government has to follow a certain process in order to enforce the laws that have been made, especially when it comes to taking away life, liberty, or someone’s property. It made it so that all types of government officials, officials like police officers and someone like the president, were accountable for their actions and could be held to the same standards of those of your average citizen. Limited government is a political system which legalized force is restrained through delegated and enumerated powers. In more simple terms the government has limited power under the provisions of the constitution. So due process is related to the principles of limited government in the way that the government has to follow a set process when enforcing laws. Equal protection clauses is a part of the fourteenth amendment and took effect in 1868. It says that no state shall deny any person equal protection of the laws. So basically it made it so that no matter what sex, race, national origin, religion, political view, or how much money you have you would be treated the same as the person next to you. In addition to that the government must also allow people to have equal opportunities. It meant that laws could not unfairly give an advantage or disadvantage to people seeking a variety of social goods, whether it be education, employment, housing, political rights. The equal protection clauses relates to limited government because it A) makes sure that the government treats all people as equals and not show any favoritism to a single person or group, and B) makes it so that all people have equal opportunities under the law that has been

It allows for all individuals, whether they are citizens of the United States or not, to have equal opportunity within the judicial system. The due process clause in both the fifth and fourteenth amendments, limit the powers of the federal and state governments. Requiring state and federal law enforcement and judicial systems to meet certain criteria through the arrest, detainment, and trial processes, ensures that no (or limited) abuses of power can occur. Most of the rights that due process defends, guarantee reasonable, non-assumptive protections; right to a trial, counsel, to know charges of the alleged crime, to face one’s accuser, to be tried by an unbiased judge, and so on. They are highly reasonable rights that safeguard fair, uncorrupted legal procedures. In addition to upholding rights, the fourteenth amendment also contains an equal protections clause which establishes everyone’s right to due process regardless of race, socioeconomic status, or any other perceived difference that has historically been used to subordinate a specific group of

The due process clause allowed the Court to interpret the Fourteenth amendment to apply the Bill of Rights to the states. This clause prohibits the government from depriving individuals of life, liberty, and/or property. Because this clause grants American citizens these liberties and forms of protection, the court decided the state and local governments must abide by them.

The due process of law is a constitutional guarantee which was originally written in the constitution by the founding fathers in the fifth amendment, ratified in 1791 and was added to the fourteenth amendment, adopted in 1868, section 1, states: All people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. This reconstructed amendment means that the law is for everybody and most important, it represent a constitutional guarantee is that nobody can be deprived of life, liberty o property without a fair legal

Due process means that Miranda did not have to go into the interrogation alone and that he should have had an attorney with him. The amendments were put into the constitution so that the government would not have too much power over the people and by the officers not respecting that they were being unconstitutional.

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