• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Due Process in the American Legal System.

Extracts from this document...

Introduction

It seems that since we have been hearing the following phrase "innocent till proven guilty" for many, many years on the front steps of courts, the media and many other outlets. As a people whom are politically free when it comes to crime either you are innocent or guilty, however, sometimes in media and other circles a person is labeled guilty without being given their right of due process. In this paper the reader will have an understanding of due process from the author's research. In the American legal system there are many elements to the steps of when a crime is actually in the development of happening and to where it is carried out by the criminal or criminals and all parties involved. One of the most important steps in the legal process is "Due Process" Webster's New World College Dictionary Fourth Edition says: Due Process is the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties." Due Process will allow an accused person time to go through the court proceeding, in hope of proving his or her innocence or guilt. Due Process will 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. ...read more.

Middle

All citizens of the United States have various liberty interest and due process of liberty restrict the government from taking this liberty interest from us without due process of law. Additionally, the government must take appropriate legal procedures before attempting to take an individual property. The United States legal system is an adversarial system, which exercise the idea that any accused individual must be considered innocent until proven guilty. (Silbert, Joannou, 2006) the very premise of our adversary system of the criminal justice is that both the defense attorney and the prosecutor will work to extreme length to make sure that the guilty is convicted and the innocent go free. The main purpose of due process is to show a person that the law expresses the fairness against the power of the state. The public nature of the legal system is shown through due process, which ensures the idea that the government is responsible, not that person. To help ensure justice and equality it is recommended that public scrutiny is necessary (Merver, Grant 2003). Due process is intended to provide people with protection from government when it comes to our civil rights to liberty, life, and property without due process of law it would be very easy from to get in trouble for something they have not even done. Due process has a very big role when it comes to the public perception mainly because the systems seem fair concerning the legitimacy of the law, legal actors, and the courts. ...read more.

Conclusion

If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person. The due process model recognizes the disparity of power between the state and the private citizen. We recognized long ago that the state, regardless of how much power it holds and investigative resources, that they are not perfect and sometimes makes mistakes too. If the state was never wrong in its accusations, there would no need for trials and all that we would require would be a sentencing tribunal. The due process system is there to guard against the arbitrary exercise of power. The foundation of the due process system lies in the desire for certainty. If power is exercised in an arbitrary way, public confidence in the system and belief in state infallibility is rapidly undermined. The disparity in power cannot be erased but the police can be prevented from unfair procedures that are likely to lead to more pressure on suspects leading to unreliable confessions. These procedures have many inbuilt protections for defendants that reflect a time when there was even greater disparity between the power of the state and that of the citizen. The role of the legal profession in criminal defense is comparatively recent and the idea that the state should pay for the professional defense of poor people is even more recent. Historically in our criminal law there was no formal legal defense at all the only defense afforded the citizen was common law due process. Reference: Merver, Grant.2003, http://www.lectlaw.com ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Other Jurisdictions section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Other Jurisdictions essays

  1. Legal education in India. Legal education and quality of law graduates have great ...

    1958-- In 1958 the question of legal education was specifically referred to in XIVth Report of the Law Commission of India under the Chairmanship of Sri M.C. Setalvad. Chapter 25 of the Report is entirely devoted to legal education. The history of the efforts made by the Nation was traced

  2. Anticipatory Bail under CRPC. A critical study of the recent amendments and judicial interpretation ...

    he shall provide reasons for why he is approaching this court and if the court thinks fir it should be allowed.

  1. Homicide - Maltese Law.

    agent is not expected to take a "daft" victim as he finds him. This principle applies only if the agent is unaware that his victim was so daft. Knowledge on the part of the agent would raise a presumption at law, that he should have foreseen the daft reaction.

  2. International Human Rights Laws - North Korea.

    slaves for 18 hours a day."76 Sun-ok reports that about 1,000 prisoners die each year, but a fresh supply of new prisoners was obtained yearly in order to meet the production quotas the prison had in the factories. During her term, she cannot recall anyone else being released, other than herself.

  1. Outline the laws and government policies that have shaped and continue to affect Indigenous ...

    This flexibility within its definition has allowed it to be used in a myriad o areas sue to these flexible qualities which can then be tailored to meet the needs of those it is intended to address. A definition of restorative justice was put forward by the Law Reform Committee

  2. Land law. The purpose of this paper is to present an analytical and investigative ...

    In Avery v Bowden, the outbreak of a war, which occasioned government decrees that made it illegal for ships to load or unload at enemy ports, rendered it impossible for the contracting parties to carry out their obligations without breaking the law.

  1. Examine the connection between crime and drug use, indicating which criminological theories best assist ...

    Later sub-cultural theories saw drug taking as part of a youthful rebellion, and the hippies and other drug users of the 1960's and early 1970's were seen as part of a counter-culture expressed through underground magazines which gave advice, among other things, on how to grow marijuana.

  2. What is your understanding of case management? Show how a case management approach has ...

    In working with 'A' I adopted an approach used by Ivanoff in which I explained what interventions I would recommend and why I was recommending them [Ivanoff et al. 1994: 58]. In doing this, the assessment formed part of the professional relationship and began a process of work towards change.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work