Due process is a right afforded us in the United States Constitution. It is mentioned in both the 5th and 14th amendments (Cornell University Law School, 2014). Due process is as relevant today as it was the day it was written as it “assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions stem from reliable information (Cole & Smith, 2007, p. 11)”. The due process clause contained in our constitution is meant to afford all our citizens legal equality. Guilty until proven innocent is a widely known statement and it because of due process that this right is afforded us. This means that an accusation of criminal deviance must be proven beyond all reasonable doubt. Certain presumtions may be made and accepted as fact should no evidence to the contrary be presented; however, a jury of our peers (or a Judge should a jury trial be waived) must decide our fate based on the facts as they understand them and not on supposition. Due process also provides the expectation that all procedures of law will be followed to safeguard legality. Due process is the only statement contained in more than one amendment; thereby, acknowledging a specific intention. (Cornell University Law School, 2014). Due process protects us from any single state having the right to deny us life, liberty, or property without first following the proper legal channels. Federal and state authority differs in order to protect us from any one governing body making all the decisions. This delegation of power seeks to prevent imbalance and helps to create equality. “Absolute power corrupts absolutely (Moreell, 2014)”. This famous saying perhaps portrays the resoning behind the division of power. The Federal g... ... middle of paper ... ...ess, substance addiction, or other such issue that prevents them from having the ability to conduct themselves in a manner consistant with what society deems normal or acceptable behavior. Our criminal justice system seeks to address these matters while maintaining order and protecting us all. Works Cited Cole, G. F., & Smith, C. E. (2007). The American System of Criminal Justice (11th Edition ed.). New York: Thomson Wadsworth. Cornell University Law School. (2014). Due Process. Retrieved January 20, 2014, from Legal Information Institute: http://www.law.cornell.edu/wex/due_process Gardner, T. J., & Anderson, T. M. (2012). Criminal Law (11th Edition ed.). Mason, Ohio: Cengage Learning. Moreell, B. (2014). Power Corrupts. Retrieved January 21, 2014, from Religion and Liberty: http://www.acton.org/pub/religion-liberty/volume-2-number-6/power-corrupts
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
The due process model commands a “formal, adjudicative fact-finding process in which cases against suspects are heard publicly by impartial trial courts” (Bohm & Haley, 2012 p 17). This approach to the criminal justice system identifies each case as unique and therefore treats them as such. By holding accountable each participant, and providing the suspect with the ability to question the means by
Wasserman, R. (2004). Procedural Due Process: A Reference guide to the United States Constitution. Wesport:
Cole, G. F., Smith, C. E., & DeJong, C. (2014). The Criminal Justice System. Criminal justice in
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
Daly, Kathleen, Goldsmith, Andrew, and Israel, Mark. 2006, Crime and Justice: A guide to criminology, third addition, Thomson, Lawbook Co.
"Rights of the Accused." : Supreme Court Cases. N.p., n.d. Web. 2 Dec. 2013. .
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved August 18, 2017, from https://www.betheluniversityonline.net/cps/default.aspx?SectionID=5980&tabid=154
Due process protects an individual’s right to life,liberty, and property from government interference and is included in the Fifth Amendment. All legal procedures set by statute and court practice must be applied for each individual in order to prevent a prejudicial or unequal treatment from happening. This restores the fundamental legal process of fairness in all legal matters.
Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008).
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law