Due Process

Topics: Law, Canadian Charter of Rights and Freedoms, Common law Pages: 2 (580 words) Published: March 14, 2013
Due Process Paper

An important aspect of the justice system includes regulation with due process. Due process involves basic legal rights of the accused person, insuring that everyone gains a fair share in the legal system. There are many steps within this important process in order to develop the final outcome. These steps must be taken into consideration under The Charter of Rights and Legislation. The Due process of law exists everywhere in Canada where crime control and the justice system are involved. This process came into affect when the term “fundamental justice” was introduced in 1982, leading to a limited clarification of the term due process itself. The confusion between these two terms was basically, due to the unclear explanation of the wording.

Due Process
Some of the fundamental characteristics of due process consist of fairness and equity. This process demonstrates an importance within our justice system because equal rights are measured highly while crime control is taken into consideration. An individual should not be held guilty based on facts. An accused individual should be taken under professional legal control, with a proper legal procedure leading to a final decision with details and evidence to prove them wrong. For instance, the government cannot stop an individual from becoming aware of their Miranda rights if he or she was to be arrested. In this case if the arrest goes further without a review of the Miranda rights, and the crime becomes a confession for the arrested person, this confession would be invalid. The reason for this invalid crime would mainly result because this person was denied the due process leading to unfairness. Equality is once again referred to this process of fairness as being just as important to the society as is crime control. In other words everyone is moderately protected under the law. Another basic example related to where equality is represented with the due process is within most...
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