Due Process
Due Process
Kelsey Kennedy
CJA 224
October 31, 2011
Austin Zimmer
Due Process
Introduction
The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have committed. Due process works to ensure fairness in a vastly unfair society.
Due Process
Due process is the legal procedure that protects the most fundamental rights of United States citizens (Schmalleger, 2008). Only through due process of law may ‘life, liberty or the pursuit of happiness’ be taken away from an individual accused of a crime (Lectlaw.com, 2011). Included in the rights guaranteed by due process are the first ten amendments of the U.S. Constitution and is reinforced by the 5th, 6th and 14th Amendments (Schmalleger, 2008). If these rights are violated at any time during the criminal justice process, the accused has the right to appeal to a higher court (Schmalleger, 2008). If a higher court agrees that the accused due process of law has been violated the person can be released, the conviction can be overturned and those responsible for the violation can be punished (Schmalleger, 2008).
Since due process is the legal procedure of taking away the fundamental rights of a person in the interesting of solving a crime, several legal steps are taken throughout the legal process to ensure that no person is denied his or her fundamental rights (Lectlaw.com, 2011). In order for the Due Process Clause to apply to a particular
Kelsey Kennedy
CJA 224
October 31, 2011
Austin Zimmer
Due Process
Introduction
The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have committed. Due process works to ensure fairness in a vastly unfair society.
Due Process
Due process is the legal procedure that protects the most fundamental rights of United States citizens (Schmalleger, 2008). Only through due process of law may ‘life, liberty or the pursuit of happiness’ be taken away from an individual accused of a crime (Lectlaw.com, 2011). Included in the rights guaranteed by due process are the first ten amendments of the U.S. Constitution and is reinforced by the 5th, 6th and 14th Amendments (Schmalleger, 2008). If these rights are violated at any time during the criminal justice process, the accused has the right to appeal to a higher court (Schmalleger, 2008). If a higher court agrees that the accused due process of law has been violated the person can be released, the conviction can be overturned and those responsible for the violation can be punished (Schmalleger, 2008).
Since due process is the legal procedure of taking away the fundamental rights of a person in the interesting of solving a crime, several legal steps are taken throughout the legal process to ensure that no person is denied his or her fundamental rights (Lectlaw.com, 2011). In order for the Due Process Clause to apply to a particular
References: Dingle, M., Churilla, A. (2011). The Criminal Justice System in America: Fair? [Powerpoint slides]. Retrieved from . LectLaw.com. (2011). Retrieved from http://www.lectlaw.com/def/d080.htm. Meyer, J. and Grant, D. (2003). The Courts in our Criminal Justice System. Upper Saddle River, NJ: Prentice Hall. Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st Century (10th ed.). Upper Saddle River, NJ: Pearson Education.