The Importance of Due Process in the Criminal Justice System
Andy X. Hernandez
Troy University
Abstract
Criminal justice is not just about going after criminals and putting them behind bars. There is more to it than just locking one up. There are certain checks and balances and rights that defendants have before, during, and after their trial. We have learned that each defendant is afforded protection by the Bill of Rights such as right to a speedy trial (Sixth Amendment) and the Fifth Amendment: the right that no one shall be “deprived of life, liberty, or property without due process of law.” What exactly is Due Process? Due Process is what every person is entitled to while going through any criminal procedures in …show more content…
The core of the idea of due process is fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary of capricious. The specific requirements of the due process vary somewhat, depending on the Supreme Court’s latest interpretation of the Bill of Rights” (p. 38). Perhaps the common phrase “innocent until proven guilty” must apply with due process, because it gives individuals an opportunity to defend themselves, present witnesses, and evidence without the assumption that one is automatically guilty. Without due process, there would be no fairness when it comes to a defendant being able to defend themselves. Along with the process of going through the trial, due process is also incorporated with the sentencing procedure, which will be explained later throughout this work. Due Process is what makes the criminal justice system fair for both the prosecution and …show more content…
Without Due Process, these individuals (the accused) would serve time in jail without having the opportunity to defend themselves and prove their innocence or provide any witnesses, testimonies, and evidence on their behalf. Due Process also gives the defendant a clear notification of what their charge(s) are. Due Process is what makes Americans have the right to life, liberty, or property without due procedure of law. Due Process is what keeps a checks and balances in the justice system in order to ensure that the accused are treated fairly and not automatically assumed to be guilty. Due Process establishes the right to procedural due process as well as substantive due process. With procedural due process, an accused must stand trial and therefore proven beyond a reasonable doubt of his or her conviction. Because of Due Process, the government must respect the rights of the accused before, during and after a criminal trial. A violation of Due Process can make a case or trial thrown out of court. Due Process is what forces the government to act in a just and fair way toward all citizen by enforcing all laws in an equal fashion while also keeping the laws
Andy X. Hernandez
Troy University
Abstract
Criminal justice is not just about going after criminals and putting them behind bars. There is more to it than just locking one up. There are certain checks and balances and rights that defendants have before, during, and after their trial. We have learned that each defendant is afforded protection by the Bill of Rights such as right to a speedy trial (Sixth Amendment) and the Fifth Amendment: the right that no one shall be “deprived of life, liberty, or property without due process of law.” What exactly is Due Process? Due Process is what every person is entitled to while going through any criminal procedures in …show more content…
The core of the idea of due process is fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary of capricious. The specific requirements of the due process vary somewhat, depending on the Supreme Court’s latest interpretation of the Bill of Rights” (p. 38). Perhaps the common phrase “innocent until proven guilty” must apply with due process, because it gives individuals an opportunity to defend themselves, present witnesses, and evidence without the assumption that one is automatically guilty. Without due process, there would be no fairness when it comes to a defendant being able to defend themselves. Along with the process of going through the trial, due process is also incorporated with the sentencing procedure, which will be explained later throughout this work. Due Process is what makes the criminal justice system fair for both the prosecution and …show more content…
Without Due Process, these individuals (the accused) would serve time in jail without having the opportunity to defend themselves and prove their innocence or provide any witnesses, testimonies, and evidence on their behalf. Due Process also gives the defendant a clear notification of what their charge(s) are. Due Process is what makes Americans have the right to life, liberty, or property without due procedure of law. Due Process is what keeps a checks and balances in the justice system in order to ensure that the accused are treated fairly and not automatically assumed to be guilty. Due Process establishes the right to procedural due process as well as substantive due process. With procedural due process, an accused must stand trial and therefore proven beyond a reasonable doubt of his or her conviction. Because of Due Process, the government must respect the rights of the accused before, during and after a criminal trial. A violation of Due Process can make a case or trial thrown out of court. Due Process is what forces the government to act in a just and fair way toward all citizen by enforcing all laws in an equal fashion while also keeping the laws