Essay On Due Process

Decent Essays
1. What is Due Process?
• Due process is a right guaranteed by the fifth, sixth, and fourteenth Amendments of the US Constitution in which the individual rights of a person is protected. This includes the following: a law creating a and defining the offense, an impartial tribunal having jurisdictional authority over the case, accusation in proper form, notice and opportunity to defend, trial according to establish procedure, and discharge from all restraints or obligations unless convicted. Furthermore, this underlines the first ten amendments to the Constitution, which is also known as the Bill of Rights, the fifth stating “No person shall be … deprived of life, liberty, or property, without due process of law.”

2. Why is due process such
…show more content…
Since in today’s society there has been more criminal activity like: robberies, drug dealing, homicides, murders, and recent terrorist attacks those who didn’t participate might be tried for a crime they didn’t even commit. Before due process was established, interrogators would pressure those who were being interrogated until the point they would admit to the crime even if they didn’t do it; if that were done today many our right would not be protected and while in court, we might not even get a fair trial.

4. Would you want to live in a society that did not guarantee due process rights?
• I would not want to live in a society were due process was not guaranteed because my right would not be protected. Which also means that the Bill of Rights would also not be protected because the justice system would not even care to follow all or any of them during a case. If a society like this existed we would not have the following: fair trails, right against arrest without probable cause, unreasonable seizure, fair questioning by police, right to attorney, the right to be treated equally no matter what race, religion, sex, preference, and other personal attributes

Related Documents

  • Improved Essays

    In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    14th Amendment Dbq

    • 868 Words
    • 4 Pages

    Another instance in which due-process is used in school is with the seizure and search of backpacks. There has to be reasonable suspicion to search a backpack. In other words, a teacher or school administrator cannot lawfully walk down the hallways, pick up any backpack and search…

    • 868 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Between the years of 1961 to 1966, known as the due process revolution, the Supreme Court took an active role in the law, which lead it to be consider the givers and not the interpreters. (Swanson, Territo, & Taylor, 2017). The due process revolution, was a response to courts being accused of denying criminals their rights. Thus, in turn, the assimilation of the Bill of rights happened.…

    • 202 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    These rights help people to save time by reducing non-evidence trials, people can participate in the trial, no unreasonable laws, and give fairness to the people in life, liberty, and property. The similarities between the Magna Carta and the English Bill of Rights is that they both limits the power of government, written out what the government can and cannot do to the people, took place in England, involved the British monarchy, and they encouraged the spread of democratic revolutions. The Constitution and the U.S Bill of Rights, the Constitution focuses on setting up the government while the U.S. Bill of Rights is more about the people rights, and how the government cannot abuse power to the citizens without reason. All of four of these…

    • 150 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Once a state has created a law and it has been determined to be constitutional, the enforcement process lends itself to judicial scrutiny when brought before the court. When the process of enforcement and the discovery of evidence have been put into motion, the circumstance surrounding how law enforcement came into contact with the accused is one of the first things reviewed - much of the initial interaction is based on the enforcement of State laws, which cascades into protected rights when the enforcement effort starts, or elements of a crime have been discovered. Since the U.S. Supreme Court ruled that the Bill of Rights applies the Federal Government, and the Fourteenth Amendment’s Due Process Clause makes the Bill of Rights applicable…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    As a United States citizen, the Constitution affords the citizens certain absolute liberties. One of those liberties is housed within the most referenced amendment; the 14th amendment. The 14th amendment; ratified in 1868, Section 1 states in part: …nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws. Within this amendment lays the foundation for the citizens of the United States to be able to sell their own human organs for profit.…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text.…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Hurst Court Case

    • 1018 Words
    • 5 Pages

    The right of due process is one of the most characterizing features that embody the spirit of American liberty. Can anyone imagine a world without constitutional protections, provided for the accused, against arbitrary accusations? Before the establishment of the United States’ Constitution, the founding fathers of America understood that rights inherently bestowed unto the people are rights that should be protected by government institutions. The right against cruel and unusual punishment and the right to a trial by jury are just two of the several protections offered to Americans by the Constitution. In the case Hurst v. State of Florida, Timothy Hurst was charged, convicted, and sentenced to death for the murder of Cynthia Harrison at the…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In addition, the Miranda rights are provided under the 5th amendment, which further ensure proper due process and protects a person’s right to liberty. Due process in the 5th amendment happens through court proceedings and protects someone suspected of a crime. With the 14th amendment, due process is a given right to limit the governments interference with, and control over, personal affairs of the…

    • 727 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Probable Cause Case

    • 567 Words
    • 3 Pages

    In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about to be committed before he or she investigates a person (Samaha, 225). With the numerous incidents that have involved Law Enforcement officers performing unlawful searches, and utilizing things such as excessive force to subdue a suspect, the trust of the community in these government officials has been on the decline. Luckily perhaps, the…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    In the process of sentencing an offender, we follow a set of rules known as the due process which considers the severity of a sentence, what charges have been laid, court hearings, and whether or not an arrest should take place. Such primitive procedure is used to prove the fact that a person is innocent until proven guilty.…

    • 58 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The primary reason for procedural rights is to protect innocent people as much as possible, from being arrested, charged, and convicted or punished for crimes they did not commit (Bohm & Haley, 2012). An article in the Georgia Law Review argues that both the intent of the Bill of Rights and current events should be taken into account when making decisions with regard to current cases (Steven,…

    • 442 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Five Amendments

    • 1399 Words
    • 6 Pages

    Due process is a very important aspect in the trial of a defendant of a crime as is the ability for due process, self-incrimination, and right to his or her property. The Fifth Amendment to have protections for people who were suspected of committing criminal acts and upon arrest, were not simply “thrown away without the key.” “The right was created in reaction to the excesses of the Courts of Star Chamber and High Commission—British courts of equity that operated from 1487-1641. These courts utilized the inquisitorial method of truth-seeking as opposed to the prosecutorial, meaning that prosecutors did not bear the burden of proving a case, but that sufficient "proof" came from browbeating confessions out of the accused.”…

    • 1399 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The due process model supports the idea of innocent until proven guilty and places great emphases on the rights of the defendant. Many people may support this perspective because it focuses less on efficiency, convicting the offender and punishment, and more on making sure that the person getting charged with the crime is without a doubt guilty. Though this model has the benefits of preserving the rights of citizens and…

    • 740 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Injustice in the Justice System Conflict places an immense strain on society. A person faces a constant battle with conflict everyday. They deal internal with conflict, where inner controls are tested. They deal with conflict within a social group and where outer controls are challenged.…

    • 869 Words
    • 4 Pages
    Improved Essays