Pros And Cons Of Due Process

Improved Essays
The Due Process is referred to as “law of the land” and “legal judgement of peers” (usconsitution.net). This process originated in English Common Law stating no individual’s right to life, liberty or property should be taken without notice. The Due Process law can be found in The Fifth and Fourteenth Amendments of the Constitution, the government is not allowed to take an individual’s right to life or liberty unfairly. With the help of The Due Process there are many innocent people who are saved from a life time in jail or being sentenced to the death penalty. This model is an important factor in our laws because it protects many innocent people from being captured due to suspicion. The Due Process gives people the power to stand up for their rights against the government and reduces the chance of giving innocent …show more content…
Another downfall is that after years of debate and once a procedure is finalized for both accused and accuser, there’s the possibility of unfair or illegal judges, a wronged jury or poor attorneys and laws. Many also feel that this model is unfair because people deserve the punishment they get if they did the crime and this model will only give them the opportunity to commit the crime again. Mistakes may also occur during the process of looking at evidence in The Due Process.
Everyone has their own opinion of rather The Due Process or The Crime Control model is most beneficial and fair. This process was found on the simple principle that every man should be granted his day in court and is entitled to the benefits of this model. In an ideal world, The Due Process seems to be the most fair and reasonable model to use in society. It would hopefully restore and maintain a better society. Things would be maintained better and it would reduce crime rates. All citizens are given The Due Process right and it should never be taken for

Related Documents

  • Improved Essays

    According to Peter Sagal, the Due Process Clause of the Fourteenth Amendment is, “The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures.” They believe that Connelly’s statements were not of rational intellect and free will. So the court implicated the Due Process Clause of the Fourteenth Amendment and said that the evidence was not the product of a rational intellect and free will.…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Shays Rebellion Dbq

    • 482 Words
    • 2 Pages

    The overall right to happiness is in many ways tied to this amendment as we could see in the case of Loving v. Virginia in 1967. The Lovings were an interracial couple which fought for their right to be married to one another and won the case thanks to the 14th Amendment. “The Loving decision still stands as a milestone in the Civil Rights Movement” (Staff). If we lacked the right to due process, we would be a very oppressive nation where the government would bully their citizens any time it saw fit to do so. Our Constitution, Amendments and Bill of Rights is what makes is country the greatest nation in the…

    • 482 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    This amendment lays out a person ’s right to a trial by jury. It tempers the law to community standards by having a person’s "peers" decide who is right and who is wrong. This amendment permits for the difference between physical and social circumstances in each community. For example, in a small town, failure to shovel the snow off the side walk is not big thing.…

    • 841 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    3 deprive any person of life, liberty, or property, without due process of law. ” The term ‘due process’ requires states and governments to take the necessary precautions and safeguards when it comes to civil rights, but if necessary they can be taken, while Civil liberties…

    • 827 Words
    • 4 Pages
    Superior 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
  • Superior Essays

    As our forefathers departed England to establish this new land, one of the original drivers was to allow many individual freedoms that were not allowed in England. Therefore, the U. S. Constitution was created to give the people freedoms that were not allowed in England and also to provide protections not provided for in their type of government. The tensions and conflict arose in the process of balancing the needs for individual freedoms with the need for the overall rule of law in the new nation. The difficulty is how individual rights are executed without the infringement on another person’s rights.…

    • 3876 Words
    • 16 Pages
    Superior 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

    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

    The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties.…

    • 972 Words
    • 4 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
  • Great Essays

    In 1976, A. L. Guenther put forth the notion that our criminal justice system is “unfair, harsh, and biased,” as well as saying that we have a criminal processing system and not a criminal justice system. While these statements may have been made four decades ago, they still ring true today. I agree with Guenther’s comments, as our criminal justice system is unfair to the offenders they deal with, carries out harsh penalties on these members of society, and is biased to different groups over the history of America. Offenders are usually treated like statistics, not like members of society.…

    • 1708 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Jury System Dbq Analysis

    • 478 Words
    • 2 Pages

    Over the years, jury systems have precedent the way we reach a verdict based on the trial. Moreover, it has been proven that jury systems have shaped Americans to be self-governors (Document B). Evidence shows that in a twelve month period bench trials have only 65 percent of criminals that have been convicted and 87 percent of criminals have been convicted in jury trials (Document A). This proves that jury systems are able to prosecute more and deliver more justice than bench trials. To begin, I support jury systems based on open minded peers reaching a verdict, prevention of corruption, and civic participation/knowledge for citizens.…

    • 478 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Once balance is restored, the chances of the prisoner re-offending are diminished (Inayatullah, 2011). In contrast, there is the punishment model. Inayatullah (2011) states that the argument is that all the rights are given to the offender and the victim has none. Therefore in this approach, the best way to reduce present day and future crimes is to keep serious offenders in jail. Evidence shows that twenty-five percent of criminal activity can be reduced by lengthy prison sentences.…

    • 1674 Words
    • 7 Pages
    Great Essays