Dr. Mehdi Nazer
July 26, 2012
Rights of Accused
Define due process and its origins.
Due process is a fundamental, constitutional guarantee that all legal proceeding will be fair and that one will be given notice of all the proceeding and an opportunity to be heard before the government acts to take away ones life, liberty or property. Due process originated in 1355 in chapter 39 of the Magna Carter although some believe that it goes back farther then that. When due process was discussed in the Magna Carter, it was know as the “law of the land”. Due process is discusses in the fifth as well as the fourteenth amendment of the U.S. Constitution. In the U.S. Constitution, it states that no person shall be denied the right of life, liberty, or property without due process of the law. The due process law means that a person has to be notified of any charges brought up against them. This also means that the accused person has the right to a fair hearing. Explain how due process protects the accused against abuses by the federal government.
The due process clause in the Fifth Amendment was intended by the framers to prevent abuse of power on the part of the federal government. Before the Fourteenth Amendment was passed, the Bill of Rights only protected citizens from unfair treatment by the federal government. The exclusionary rule protects the accused because it states that evidence obtained in violation of the Constitution cannot b used in a trial. If evidence that was obtained falls under the exclusionary rule any other evidence obtained would not be admissible during a trial. The reason being is that the new evidence would not have been found because the search and seizure was illegally preformed. Due process protects the accused against abuse by the federal government is that...