Rights of Accused

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  • Topic: United States Constitution, Due process, Magna Carta
  • Pages : 3 (693 words )
  • Download(s) : 104
  • Published : December 15, 2012
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Rights of Accused. Medina. 1

Rights of Accused
Mawar Medina
Dr. S.G. Harb
POL 110 – U.S. Government
4/27/12

Rights of Accused. Medina. 2
Criteria # 1
On Merriam-Webster Dictionary, Due Process is defined as a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual. In all its complexity due process just simply means the rights of any citizen to certain procedural actions prior to the denial of their civil liberties. Due Process will only permit an accused person time to go through the court proceeding, hoping to prove his or her innocence and/or guilt. Due Process will also 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. (Due Process . (2012). By Peter Strauss.). The Constitution has always requires that when governments dispossess people of life or liberty or their property, there must be minimal processes for appealing the government's decision. Not "fair", just reasonable and brief, and uniformly applied. Due Process use substantive to prevent legislatures from enacting laws that drew lines, with respect to an individual’s freedom that the Court considered arbitrary. There are also two types of Due Process. The first type of due process is the Procedural due process, which mentions the actual fair process of legal proceedings. This means that parts of the process of enforcing the law must be done according to certain written laws that are fair and clear. The Second type of due process is the Substantive due process, which refers to the actual content of the laws themselves. For example, if the substance of the law itself is judged to be unconstitutional, then substantive due process has been violated. (Due Process . (2012). By Peter Strauss.) Due Process is older than...
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