On Merriam-Webster Dictionary, Due Process is defined as a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual. In all its complexity due process just simply means the rights of any citizen to certain procedural actions prior to the denial of their civil liberties. Due Process will only permit an accused person time to go through the court proceeding, hoping to prove his or her innocence and/or guilt.
Due Process will also give the individuals who have been accused of a crime the right to a fair and public trial, the right to be at the trial, the right to an impartial jury, and the right to be heard. (Due Process . (2012). By Peter Strauss. ). The Constitution has always requires that when governments dispossess people of life or liberty or their property, there must be minimal processes for appealing the government’s decision. Not “fair”, just reasonable and brief, and uniformly applied.
Due Process use substantive to prevent legislatures from enacting laws that drew lines, with respect to an individual’s freedom that the Court considered arbitrary. There are also two types of Due Process. The first type of due process is the Procedural due process, which mentions the actual fair process of legal proceedings. This means that parts of the process of enforcing the law must be done according to certain written laws that are fair and clear.
The Second type of due process is the Substantive due process, which refers to the actual content of the laws themselves. For example, if the substance of the law itself is judged to be unconstitutional, then substantive due process has been violated. (Due Process . (2012). By Peter Strauss. ) Due Process is older than English Common Law. It originated from the Magna Carta as early as 1215, which were the Great Charter of English liberties where the nobles limited the King’s Rights of Accused.
The phrase “law of the land” then transformed over time to what is now known as “due process of law (Sargentich, 2009). ” The phrase the “law of the land” was part of a Massachusetts statute in 1692. (Due Process . (2012). By Peter Strauss. ) The fifth amendment of the Constitution mandates that no one is to be deprived of their life, liberty, or property by the government without due process of the law. (The Bill of Rights: Due Process. 2012. By: FFF).
Due process can protect the accused against abuse by the federal government because it guarantees of the Constitution guarantee that individuals accused of crimes will be given a fair trial. This includes the guarantee of a jury trial, the right against self-incrimination and others already discussed. Due process also guarantees the right of the accused to confront their accusers and to compel favorable witnesses to testify in their behalf, which is the purpose in the Sixth Amendment, to protect the innocent from being convicted and punished. Jacob G. Hornberger. 2007. The Bill of Rights) The Fifth Amendment also uses Due Process to protect their accused against abuse by the federal government. As a matter of fact, The Due Process Clause of the 5th Amendment to the United States Constitution promises that no one can have their life, liberty or property taken away without Due Process. This means that people must be treated fairly in the legal system.
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