Due Process of Law Within the United States

Topics: Law, United States Constitution, Due process Pages: 4 (1253 words) Published: July 3, 2012
Due Process of Law in the United States
Dannielle Rea
October 24, 2011
Austin Dunham Weidner

Within the United States, it is every citizen’s guaranteed right under the U.S. Constitution that no person shall be deprived of life, liberty, or property, without the due process of law. This concept applies to every aspect of the government, including the state, obligating them to uphold the right of due process. Defining the term of due process, understanding what it implies, and identifying how due process affects the criminal justice system is valuable knowledge for any American. The concept of due process applies to different aspects of law; however, primarily concerns the proceedings in which an individual, their property, or their liberty stand to be compromised by government or law, as incorporated by the due process clauses within the Constitution. Due process promises equal protection of the laws from both federal and state administrations, regarding either property or liberty. They are bound to carrying out sufficient procedures that ensure fundamentally fair government action is taken (New York State Department of Civil Service, 2002). The concept of due process is the general assurance that each level of American government upholds the constitution in the adversary process by operating fairly within the constructs of the law. Because due process directly relates to the adversary system an understanding of that system is necessary. Webster’s New World Law Dictionary defines the adversary system as “a method of adjudication in which active and unhindered parties, usually through their lawyers, contest with each other and present support in favor of their respective positions, usually through the examination and cross-examination of witnesses and the presentation of other evidence, to a neutral and independent decision maker” (n.d., 2011). Also dubbed the accusatorial system in criminal proceedings, the adversary system is a general...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Due Process Essay
  • Due Process of Law Essay
  • Essay on Due Process
  • Due Process of Law Research Paper
  • Essay about Due Process
  • History Of Tort Law in India and the United States of America Essay
  • Interview: United States Nationality Law and Naturalization Process Essay
  • United States Nationality Law and Naturalization Process Essay

Become a StudyMode Member

Sign Up - It's Free