Due Process Paper
Mark A. Stuart
University of Phoenix
The concept of due process is that the law expresses the protection and fairness of individual citizens against powers that the state have. The public nature of the legal system is express through due process, which ensures the idea that the government is accountable to the citizens and not the citizens to the government. To help ensure justice and equality it is recommend for public scrutiny to be necessary. (Meyer, Grant, 2003) “Due process is intended to provide us with protection from government infringement on our civil rights to liberty, life, and property without due process of law.” Due process plays a key role from the public perception because the system must seem fair concerning the legitimacy of the law, legal actors, and the courts.
As stated by (Meyer, Grant, 2003) “perception of fairness or unfairness reflect concern with the process of justice as well as the outcome”. Moreover, the concept of due process is the protection of our lives, liberty, and property rights, according to due process of life the government cannot stop a person who is convicted of a capital crime of his or her life before they can go through, and complete the appellate process. 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. Both sides...
Please join StudyMode to read the full document