Due Process Clause Of The Fourteenth Amendment

Courts in Criminal Justice This paper will explain the doctrine of incorporation states that the Due Process Clause of the Fourteenth Amendment applies to the protections of the Bill of Rights to the states. Explaining that incorporation can be selective, and includes those rights deemed as fundamental, such as those protected by the First Amendment.
Rights & Protections for the Accused The United States Constitution and the Bill of Rights assures important protections for individuals accused of crimes in the United States. Therefore, when an individual is charged with a crime, they are guaranteed a variety of rights that are aimed to insure that all legal proceedings are followed fairly.
Writ of Habeas Corpus
Under, Article 1, Section
…show more content…
Meaning that the police or any other agency cannot enter a home or business to search it and seized evidence unless they have permission of a judge to do so. That is to say, probable cause must exist when there are facts and circumstances within the arresting authority, knowledge and of which they had reasonably trustworthy information’s is sufficient to warrant an individual for reasonable caution in the belief that an offense has been committed (see Draper v. United States (1959).
Probable Cause
Law enforcement face difficult situations on a daily basis. But, in order for a warrant to be issued, make an arrest or seized evidence or is there probable cause to proceed without a warrant. There is a standard demonstrating the need for a warrant by the government and must show that there is “probable cause.”
Due Process of Law
Lastly, the Fifth Amendment and the Fourthteeth Amendment rights prohibit the United States government from “deprivations of life, liberty, or property, without due process of the law.” The due process guarantee includes the rights outlined in the Constitution as well as others not mentioned above. This law explains the Fifth and Fourteenth Amendments impose the same due process and procedural due process required by federal and state
…show more content…
Chancery court is a good example of the English heritage Court system’s. Chancery courts are very similar to Circuit Court and their jurisdictions overlap. Although still presided over by Chancellors, Chancery Courts they now operate according to the same procedures as the Circuit Courts conducting trials.
• Criminal Courts - Established by the General Assembly to relieve Circuit Courts with heavy caseloads. Criminal Courts exist in 13 or the 31 Judicial Districts of Tennessee. In addition to having jurisdiction over criminal cases, the judges hear misdemeanor appeals from lower courts. In districts without Criminal Courts, the Circuit Court Judge handles trial level criminal cases.
If a defendant or plaintiff has a complaint about the way his or her trial was conducted or judge’s ruling on post-trial motions, they have the right to appeal. In Tennessee, the first appeal is to the Tennessee Court of Appeals, they do not hear from witnesses. Instead, they look at transcripts given by the trial court, reviews and determines if any errors were made. The Court of Appeals can confirm the results attained in the trial courts and order a new trial. In many occasions a case is dismissed. If a plaintiff, or defendants disagree with the Court of Appeals decision about a case they can ask the Tennessee Supreme Court to hear their case. The appeals process varies from state-to-state; these are some post-conviction tactics

Related Documents