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Due Process Essay

1851 words - 8 pages

Due Process Paper
Cynthia Casillas
February 8, 2012
Carl Heintz

Due Process Paper
The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system.
Due Process is a concept which applies to both the accused and the party which is against the accused. The ...view middle of the document...

The act which ensures this right is called Due Process and its based on the Bill of Rights. In addition, the concept of Due Process is expressed in various clauses in the United States Constitution and its Amendments. Furthermore, in the criminal justice system, all the elements must include Due Process clauses to the proceedings. It’s also important to acknowledge that the Constitution successfully protects the rights of individuals from government action, but is not involved with violations between private individuals. The only exception is the 13th Amendment’s ban on slavery which protects private individuals from other private individuals for obvious reasons. The Bill of Rights in particular is not applicable to all the states. However, the 14th Amendment’s Due Process Clause ensures that the Bill of Rights is applied and interpreted to state proceedings. The Due Process Clause in the 5th Amendment compiles acts within the Federal government. The 5th Amendment is compiled within the Federal government as the 14th Amendment relates to the state. In result, any action which violates the 14th Amendment’s Due Process Clause consequently violates the 5th Amendment’s Due Process Clause as well. The Due Process Clause also involves procedural requirements including impairment of life, property rights, and liberty.
Due Process is responsible for ensuring that the individual rights of the defendant are not violated as they prosecution by the state or federal government. Unfortunately, there are scenarios in which the defendants’ rights are violated, in which case the entire case is dismissed or particular evidence. In the United States, the criminal justice system must function based on Due Process. Furthermore, governments, regardless of level, must give the defendant notice of action as well as the opportunity to reply to the government action. For example, an individual is denied their right to Due Process when the government takes actions against the accused without notification.
The Adversarial System
The adversarial system is the legal system in the United States which ensures that truth and justice will ultimately prevail. The prosecution and the defense use the courtroom in order to analyze evidence and investigate facts that will hopefully lead one to advance ahead of the other in a case before the court. The expression of different versions to one event eventually leads to the truth. Finally, the adversarial system is based on the idea that accused individuals are innocent until proven guilty.
Rights of the Accused
Every citizen of the United States is ensured individual rights regardless of their involvement with criminal activities. According to the United States Constitution, the Bill of Rights is structured to grant liberty and protection to each citizen. A suspect has the following rights after their arrest:
· Due Process
· Protection against illegal searches and seizures
· Indictment by a grand jury
· Protection against...

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