Cj101 Unit 5
1.) What is Due Process?
a. Due process is a way to guarantee any one facing prosecution in the United States their human rights to the constitution. All defendants must be provided with a fair opportunity to participate in all proceeding stages. The 5th and 14th amendments discuss due process. The 5th amendment applies only to the federal government and its courts and agencies. The 14th amendment extends the due process to all state government, courts and agencies. This is how and why laws are applied. The law is to be clear and fair and comply with innocent until proven guilty. The “why” part of due process can make laws unconstitutional. ("Constitutional Topic: Due Process - The U.S. Constitution Online - USConstitution.net", 2010)
2.) Why is Due Process such a central notion in the American criminal justice system?
a. Due process requires that the defendants’ rights are recognized and then holds the agents of justice accountable for any actions that might contravene those rights. Due process is used to make sure that innocent people are not convicted of crimes. This is where innocent until proven guilty plays a part. This process allows for defining by the offense, accusations if in proper form, a right to defend yourself, trial according to, and discharge from all accusations in the case that you can be convicted on hard evidence.
3.) What would our justice system be like without due process?
a. To put it quite frankly our justice system would be rather unfair in my eyes without this process. Individuals could be convicted of crimes that they didn’t commit because there would be no guidance on to how and investigation and prosecution was to be handled. Due process protects the first ten amendments and the 5th and 14th are specified for this process. Americans would not have full access to their individual rights if there was nothing protecting them. Due process also allows the prosecutors to be held liable in some cases. It would
a. Due process is a way to guarantee any one facing prosecution in the United States their human rights to the constitution. All defendants must be provided with a fair opportunity to participate in all proceeding stages. The 5th and 14th amendments discuss due process. The 5th amendment applies only to the federal government and its courts and agencies. The 14th amendment extends the due process to all state government, courts and agencies. This is how and why laws are applied. The law is to be clear and fair and comply with innocent until proven guilty. The “why” part of due process can make laws unconstitutional. ("Constitutional Topic: Due Process - The U.S. Constitution Online - USConstitution.net", 2010)
2.) Why is Due Process such a central notion in the American criminal justice system?
a. Due process requires that the defendants’ rights are recognized and then holds the agents of justice accountable for any actions that might contravene those rights. Due process is used to make sure that innocent people are not convicted of crimes. This is where innocent until proven guilty plays a part. This process allows for defining by the offense, accusations if in proper form, a right to defend yourself, trial according to, and discharge from all accusations in the case that you can be convicted on hard evidence.
3.) What would our justice system be like without due process?
a. To put it quite frankly our justice system would be rather unfair in my eyes without this process. Individuals could be convicted of crimes that they didn’t commit because there would be no guidance on to how and investigation and prosecution was to be handled. Due process protects the first ten amendments and the 5th and 14th are specified for this process. Americans would not have full access to their individual rights if there was nothing protecting them. Due process also allows the prosecutors to be held liable in some cases. It would
References: Schmalleger,. (2014). Criminal Justice Today: An Introductory Text for the 21st Century, 13th Edition. [VitalSource Bookshelf version]. Constitutional Topic: Due Process - The U.S. Constitution Online - USConstitution.net. (2010, January 24). Retrieved March 10, 2015.