Due Process of Law

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

Prayer in school is a controversial topic of today's time. There are different pros and cons when it comes to bringing religion into schools. Varying from state to state the court’s perspective has played a major role in the decision of having prayer in schools, as well as the opinions of society.

While we must have due processes in place, we must make these processes smoother and not be so rigorous. Also for immigrants already taking part in our system not only should they be afforded equal rights to natural citizens but should be afforded citizenship as well. Most immigrants who do try an enter the country the correct way know it may take years before citizenship is granted to you and in some cases I’ve heard it taking up to 10 years. Although the due process is a necessary evil, most immigrants are coming from third world countries or conditions so extreme they are forced to flee to America. So why have we yet to allocate the resources to government branches to give them the staffing needed and resources to process these applications in a timely matter? For one

Due Process of law is an integral part of the United States legal system that derived from English law. The process can best be described in one word, fairness. It assures that all people receive equal treatment under the law from an arrest through adjudication. The Due Process clause acts as a safeguard for a defendant that the Government is acting in a fair way and safeguards the accused from any arbitrary denial of "of life, liberty or property without due process of law." (Staff)

Due process can be defined as the rules, and regulations, that govern those who hold power. There are two specific types of due process. These two types are procedural, and substantive, due process. Procedural due process states that the government must follow proper procedure when applying the law; such as the criminal justice process. Substantive due process states that the laws of the land must be reasonable. An example of this would be if Congress passed a law that imposed undue burdens on the population (Text Pg. 431).

Due process, where did it come from? Most people have heard the phrase, and some might have a slight clue to what due process might mean, but not yet have a clear idea of what it actually is. If you have ever heard of the phrase “innocent until proven guilty.” Than you might have some understanding of due process. Due process gives citizens the benefit of the doubt, a chance. As citizens, we have rights, and those rights as citizens of the United States are to be given a fair and reasonable chance in court, that is what due process protects.

America 's structure is established upon the concept that religion should be a freedom of choice of an individual without the concern of the government, yet religion was the least flaws the nation was founded on. During the development over hundred of years, America 's opinion was occupied on one 's religious belief. This controversy enhanced in public schools across the country. The court case that brought about this action was Engel v. Vitale. This court case dealt with school prayers. Supreme Court ruled Engel v, Vitale on Juner 1962 that prayer in public schools violated the U.S Constitution 's first amendment prohibition of a state establishment of religion. N.Y State 's Board of Regents documented a daily prayer that was recited by students at the beginning of class. A group of parents disapproved of this and sued the school board of president. Justice Hugo Black argument by explaining how the recitation of the Regent 's Prayer were an unconstitutional violation of the Establishment Clause. The Court rejected the defendant 's argument that prayer is free and promotes religious unity. Although many people were angry about the verdict, this case impacted public schools by prohibiting schools from writing or choosing a specific prayer requiring students to practice it.

Per our class discussions and lectures, procedural and substantive due processes are aspects of the constitutional concept of “due process” outlined in the 5th Amendment and 14th Amendment. More specifically, the 5th Amendment’s reference to “due process” is one of many promises of protection that the Bill of Rights gives citizens against the federal government. These protections include, but are not limited to Freedom of Religion, speech, and the press, the rights to bear arms, protection from unreasonable seizures. Due process deals with the administration of justice (example, trials). Due process prevents the government from harming a person without following the specified procedures of the law. The 14th Amendment uses the term “Due Process

Chapter three of Civil Liberties: Opposing Viewpoints inspired me to research today’s issues of school prayer. To understand how we got to where we are today, I first delved into our countries history of court cases pertaining to rulings on prayer in schools. Lastly, to update my audience on how our lives are being affected today, I directed my efforts toward finding current situations. By analyzing these situations, I gained knowledge for a better understanding of why society needs to be aware of these controversies. I don’t think there should be any form of organized prayer in today’s public schools.

The Due Process Clause is a person right to fair government procedures/trail. A person can not be sentenced to jail because they are suspected of a crime. A right to fair trial in front of a juror is one of the individual rights to a Due process of law. The States law cannot deprive a person of their rights to life, liberty, or property without obtaining consent to do so from a legislative authority.

According to our reading due process has been around for over 100 years, when the 14th amendment was endorsed. This means giving the citizens a speedy and fair trial. When someone is arrested they are supposed to be read the Miranda rights and not beaten or made to confess to a crime they did not commit. If a criminal is arrested and not able to pay their own lawyer, they are entitled to one through the courts. The individual rights set forth in the Bill of Rights are critical components in due process (Wright, R. 2013). My own definition is everyone is entitled to be treated fairly. Not allowing the rich people to be treated better the poor people. The constitutional reason is so that everyone is guaranteed their rights to a fair and just

The American criminal justice systems have over time faced the need of a justice scheme that incorporated both the crime control and due process. There have been constant debates regarding the superiority of each model. The crime control system is based on curbing criminal activities by focusing mainly on the victim of the crime rather than the rights of the accused criminal. This meant that as long as one claimed breach of rights by another the system would push to punish accused without considering the position that may have occasioned the loss or injury suffered by the victim of the offence. The due process focuses on following the law, and its prerequisite procedures are determining criminal offences and their sentences. This indicates that both victim and accused are given humble time to be heard before the foreclosure of any case. In this Document, I intend to discuss extensively the gaps in the criminal Justice system in relation to crime control and due process, including their effects. In addition, this paper will provide the role of evidence in comparison to traditional incarcerations and the modern day values in line with the legal perspective of the justice system.

In 1962 in the case Engel v. Vitale the court outlawed prayer and bible reading. In 1963 in the Abington School District v. Schempp case and the 1992 Wiseman case ruled that prayers during a commencement ceremony were unconstitutional. In the year 2000 the case Santa Fe v. Doe barred students from leading prayers at public school events. (School Prayer Case History) For the past fifty-five years the court has worked to rid the public schools and America?s children of religion.

The term due process of law is in the 5th amendment of the U.S Constitution. It states “No person shall . . . be deprived of life, liberty or property, without due process of law” (The V Amendment of the U. S Constitution). Due process also comes from the sixth and fourteenth amendment of the U.S Constitution. This term means that it’s a constitutional law that is guaranteed that every citizen gets every legal proceeding. They will be treated equal and the individual will be noticed of those proceedings, the individual is given the chance to be heard before the government does take life, liberty, or property away. It gives guarantee that a law isn’t unreasonable or arbitrary. In the sixth Amendment it guarantees the seven specific rights to any person getting charged. The seven rights are right to speedy trial, to a public trial, to be judged by an impartial jury, right to know the accusers are and to know the nature of the crime being committed and evidence held against you. This connects to due process by giving a notice of the individual rights and being able to have those rights, however on the upside that notice will better help a criminal find a lawyer or make themselves think about there actions. Many citizens of

In the First amendment, it states that we have the freedom of religion. For some reason the courthouse come to the conclusion that prayer in schools is unconstitutional. There are people at schools who feel the same way and just want to be able to pray out loud and for others. Our school should be able to aloud, God and Jesus. Some people really need Jesus