Due Process Paper

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Due Process

CJA/224

January 13, 2010

Mark Pullin

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. The 14th amendment ensures that not only all citizens are entitled to due process but at the same time they are entitled to fair notice. Meaning that crimes and punishment must be publicly known to all citizens by any means possible. Due process is broken up in many facets in regards to procedures and trial.

The adversarial system is the legal system used in the United States. The reflection of theory in which the truth can be best determined when opposing legal teams battle in court to try and determine the facts of the case and find the best resolution. One of the guiding principles that underlie the...
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