What Is Due Process In Criminal Justice

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Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted. Research on the death penalty has been recognized in over three…show more content…
Legal protections include right to counsel, and the right to trial by jury which helps provides due process of law to certify the defendant that he or she is not unfairly deprived of their liberty. Due process is also intended to protect property. Appropriate legal procedures must be followed if the government tries to deprive a person of property. For example, “a local government might attempt to seize your land through the exercise of governments power of eminent domain in order to build a new highway” (Meyer & Grant, 2003). The criminal system is directed by the adversarial system. “The prosecutor gathers and presents evidence to prove the defendant’s guilt, and the defendant may respond by rebutting the state’s evidence and by gathering evidence of his own to prove his innocence (“The Future of Adversarial Systems,” 2010, p.285). One of the most significant principles underlying the adversarial system is that the accused must always be considered innocent until proven…show more content…
The most popular case that arose from the Fifth Amendment is the Miranda v. Arizona case. Ernesto Miranda testified that his confession to rape was not voluntary, and the Supreme Court found that he had not been warned of his Fifth Amendment to restrain from self-incrimination. The courts require that all suspects must be warned of the following rights, “You have the right to remain too silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one” (Meyer & Grant, 2003). However there are exceptions to this ruling. For example, police officers may question a suspect before notifying him or her of these rights if there is a public safety issue. It is said that with the existence of so many exceptions may cause misunderstanding of the Miranda right and exploitation by the police. These specific rulings provide for the presence of an attorney for the suspect on the belief that this will prevent possible coercion. The Miranda case is applicable to every criminal
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