Definition Of Due Process

749 Words3 Pages
The due process can be described as a constitutional guarantee that all legal proceedings will be fair and that the suspect will be given notice of the proceedings and an opportunity to be heard before the government proposes to take away one’s life, liberty, or property ("Due Process Model Law & Legal Definition", 2013). The constitutional guarantee of the due process can be found in the Fifth and Fourteenth Amendments of the Constitution. The Fifth Amendment restricts the powers of the federal government and states that no person shall be deprived of life, liberty, or property, without the due process of law and the fourteenth amendment limits the power of the states and says that no state can deprive any person of life, liberty, or…show more content…
The accused are innocent until proven guilty and cannot be found guilty unless the prosecution can prove beyond reasonable doubt that the accused did in fact commit the crime or crimes that he or she is being accused of. The accused have the right to remain silent, the right to an attorney and if they cannot afford it one will be provided for them, they have the right to a trial by jury and the right to confront witnesses against them, and the right to bail bond unless they are charged with murder or the court determines them a flight risk. The accused also have the right against self-incrimination meaning that a person cannot be forced to be a witness against himself. Rule seven of the Federal Rules of Criminal Procedure states that the accused must have a plain, concise, and definite written statement of the facts constituting the offense they are being charged with. The accused have the right to counsel which means that under the sixth amendment the accused has the right to representation by an attorney. The only mention of bail in the constitution is mentioned in six words I the eighth amendment stating that excessive bail shall not be required ("The United States Bill of Rights ", n.d).. This just means that the accused has a right to bail but not the right to pretrial release. If the accused is given bail the judge determines the amount of money that has to be paid to the court in order for the accused to be released prior to trial. If the accused appears in court the money is refunded at trial but if the accused refuses to appear then the money is not refunded and a warrant will be issued for his or her arrest. At the time of an arrest the officer is responsible for reciting the Miranda rights to the accused ("Sixth Amendment", n.d). References Due Process Model Law & Legal Definition. (2013). Retrieved from http://definitions.uslegal.com/d/due-process-model/ The United
Open Document