American Legal System: Due Process

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Due Process Mary A. Schutta CJA/224 April 16, 2012 Sylvia Beaver Due Process Due process is procedures that guarantee the individual rights of offenders in criminal prosecution. The procedures and rules are fundamental for fair and orderly legal proceedings. The fifth and 14th amendment of the Constitution guarantees the right of the accused to know what the charges are against him or her. Due process also allows this to be heard by a court that has jurisdiction over the issue. Due process makes sure that fairness is part of the process, and it also makes sure the individual receives fair and preventable arbitrary actions from the government. It is also a process in which rules and procedures are used with discretion and removed in…show more content…
Today’s legal system has different elements and parts to a crime improving where it can be conducted out by the individual or individuals who committed the crime. The American legal system due process can be described as a set of legal proceedings ratified by the state or by the government to protect an individual’s rights and liberties. This process allows the accused individual to go through a court proceeding to prove his or her guilt or innocence. This process also allows the supposed offender the right to a fair and public trial. It also gives him or her right to be at the trial and to have the right to have an impartial jury. Finally it also gives him or her right to either speak or remain silent during the court trial. The 14th Amendment states that “no state can deprive any person of, life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the…show more content…
This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant. This means that the defense attorney has the obligation to make sure he or she searches favorable evidence to invalidate any unfavorable evidence of the defendant. The defense attorney must also exercise a favorable outcome for the defendant. In this type of system the judge has the option to set a certain amount of time on any specific case. Both the defendant and the prosecutor need to choose which path is best for the defendant’s best interest. The in this type of system the judge enforces the rules and ensures that both parties abide by proper courtroom
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