Due Process Summary And Analysis

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In these next few pages I will discuss due process and its origins. I will also explain how due process protects the accused against abuses by the federal government. The rights and privileges of a person accused of a crime have its beginnings from England’s writ of “Habeas Corpus”, Latin for “you have the body”. Habeas Corpus requires that a prisoner can be released from unlawful detention through our founding fathers framing of the Bill of Rights (Kelly, 2013). In our modern legal system these include the presumption of innocence, trial by jury, representation by counsel, prohibition against an unreasonable search and seizure and the right to a speedy trial (“U.S. bill of,”). As you can see individual rights have been protected for many…show more content…
In the landmark case, Gideon v. Wainwright (1964) which stated persons charged with a crime have the right to an attorney even if one cannot be afforded. The right to representation and speedy trial are critical to due process and limits government power to detain an individual indefinitely. This notion was challenged with the events of September 11th, 200l. Acts of terrorism have comprised civil liberties raising attention to how far the government can go investigating and prosecuting individuals. After the attacks Congress passed the U.S.A Patriot law to increase investigations on terrorist (Wilson, 2009). In 2004 Rusui v. Bush and Hamdi v. Rumsfeld placed limits on the government ability to detain individuals as terrorists; detainees must have access to neutral courts. In summary, the American legal system has evolved over hundreds of years of historical events, landmark cases and applications of our constitution. Our current system of law has its origins in England’s writ of Habeas corpus and Bill of Rights. Due process is essential component to providing citizens protection against government abuses of power. A vital aspect of due process includes but is not limited to presumption of innocence, trial by jury, representation by counsel, prohibition against an unreasonable search and seizure and the right to a speedy…show more content…
As you can see due process has been put into place to protect the accused from the federal government. Our system is also set up to give the accused a fair trial – even when at first glance the accused seems guilty. Even people suspected of terrorism are given a fair chance in this country to explain themselves and prove their own innocence. As we navigate through these next several decades we as a society will have to decide how much freedom and bending of civil liberties will be allowed in order to feel secure as a
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