BODY 3: Comparing due process and the rule of law and examining their similarities and differences compared against the concept of justice. The way due process works in the justice system is somewhat different from how the rule of law works in the justice system. Due process works in the justice system by making sure no individual that enforces the law of any form violates an individual’s rights when in a legal proceeding. The rule of law works in the justice system a little bit differently than due process; it makes sure that all individuals including people that enforce or create the laws that are citizens of this country have to be treated equally as everyone else. They are not above the law in any way shape or form. Anyone who is brought …show more content…
Such as police officers, judges, law creators, the congress and so forth. Another similarity that due process and the rule of law have in common is that they both have two categories of context explaining two different sides of the spectrum of each procedure needed in the justice system. The rule of law and due process are very crucial functions of justice. The function that should always be necessary and should always apply to the justice system would be the due process function. It applies better because of the fact that no one’s personal rights should ever be violated in order to prosecute someone. Every individual is entitled to their rights and freedoms and is able to challenge the law if their right was violated when they were being searched, arrested, or tried or possible even sentenced. That is why I believe that due process has a greater need in the justice system then the rule of law. The rule of law is very important in the justice system also, as it comes down to which one I firmly believe reflects and protects what the justice system is all about it is due
One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions.
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
The two tiers of justice enable law to be effectively enforced in varied circumstances. The necessity for the rule of law to be administered in an “accessible, fair and efficient manner” is thus achieved,
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
Individual rights are used by the Constitution of the United States to make sure that no government branch becomes more powerful than the other. This protects society against police brutality. Every criminal justice case must be conducted with fairness and equity, this is due process. Due process gives rights and defense to a suspect in a criminal case. In order to have due process, there are three requirements that have to be fulfilled. They are; evidence and investigation, also known as search and seizure, an arrest, and a documented interrogation.
Strong, F. (1986). Substatntive Due process of law: A Dichotomy of sense and Nonsense. Durham: Carolina Academic Press.
The most common and successful due process challenge is procedural due process. This challenge has occurred mainly in states that classify offenders according to the level of risk they pose to communities. This argument centers on whether an offender is allowed a hearing to challenge a risk classification. The Massachusetts Supreme Court recently found that provisions of the state’s community notification law violated constitutional due process Doe v. Sex Offender Registry Board, Mass. SJC-07608 (July 24,1998).
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
The Rule of Law is a three part principle that states people are obligated to have laws applied and enforced fairly in all situations, with exceptions to contradicting situations that are in accordance to the law. In sum, the Rule of Law successfully attempts to portray the fact that no one is above the law.
Although there are many more modern conceptions of the rule of law, I will begin by speaking about A.C Dicey’s conception of the Rule of Law (ROL). Dicey developed three well known principles to explain how the ROL functions.
I am going to start by defining what the rule of law is. It is the principle that says that no person or government institution is above the law. Everybody has to obey the law without exception. The rule of law contributes to the economy growth for these aspects. It is important for capitalism. The necessity of long-term agreements and contracts requires the use of law, the law protects both buyers (they will get what they pay) and sellers (legal competitive market). Another reason is that people have the opportunity to have a job and receive a salary for their work. The law protects workers and ensure that they receive the fruit of their work (wage) according
Great effort has been made in our criminal justice system in pretrial, trial, appeals, writ and clemency procedures to minimize the chance of and innocent person being convicted and sentenced to death. Since 1973, legal protections have been so great that 37 percent of all death row cases have been overturned for due process reasons or commuted. Inmates are six times more likely to get off death row by appeals than by execution.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.