We live in a democracy. Men before us and even now have fought and died to secure that we remain in a democracy. The Constitution was written to ensure that our rights as a nation was protected against the government of the Kings rule as well as individuals of our nation to be protected against our own government. The Bill of Rights gave each citizen certain legal rights. Included in those rights are the right to a speedy trial and the right to due process. The Supreme Court later ruled that the accused also has rights, and everyday those rights are protected. This paper will describe the concept of Due Process. This paper will define the adversarial system, identify the rights of the accused, and describe the process after a crime has been committed through post-arrest procedures. In 1791 the Fifth Amendment was enacted and it states,” No person shall be deprived of life, liberty, or property”. Everyone has a different opinion of what due process is. The concept of due process has evolved with time. The court interprets and applies the principles accordingly. Originally the Bill of Rights was interpreted as protecting the citizens from infringements of their basic rights by the agents of the federal government, Meyer, J and Grant, D, (2003). In 1868 Congress enacted the fourteenth amendment which is identical to the Fifth Amendment except that it refers to the state government. The concept of due process embodies the idea of fairness and protection for every citizen against the power of the state. Our government is accountable to us and the legal process is necessary to ensure equality and justice, Meyer, J and Grant, D, (2003).
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