Due Process Essay Examples
Due Process
April 25, 2013
Professor Jane El-Yacoubi
Strayer University
Due Process
Due process is the regular administration of law, according to which no citizen may be denied his or her legal rights and all laws must conform to fundamental, accepted legal principles, as the right of the accused to confront his or her accusers. Due process is not a principle that the government must follow before they even think about taking a person’s rights away according to the 14th Amendment states “Nor shall any state deprive any person of life, liberty, or property, without due process of life. (Gonzales 2012). The government has to make sure and they ensure a person that they will have a fair trial. Many people use the quote “innocent until proven guilty”. In criminal cases examples of due process include the need for probable cause to arrest someone and that a criminal defendant is presumed innocent until proven guilty by an impartial judge or jury.
Due process does not just exist in a criminal trial, any time a person 's property interest may be taken due process protections also apply (Gonzales 2012).For example, and a murder has been committed where four individuals have lost their life. The police and detectives have received clues that there were 3 suspects involved. They arrest the …show more content…
Substantive due process is concerned with such issues as freedom of speech and privacy, whereas procedural due process is concerned with provisions such as the right to adequate notice of a lawsuit, the right to be present during testimony, and the right to an attorney (Cassel 2003). When looking at the procedure process it limits the government’s power by requiring them to make sure they follow certain procedures in civil and criminals matters. Using procedure due process and criminal’s matters it protects a person in numerous ways using the Bill Of Rights. An example would be freedom from unreasonable searches and
April 25, 2013
Professor Jane El-Yacoubi
Strayer University
Due Process
Due process is the regular administration of law, according to which no citizen may be denied his or her legal rights and all laws must conform to fundamental, accepted legal principles, as the right of the accused to confront his or her accusers. Due process is not a principle that the government must follow before they even think about taking a person’s rights away according to the 14th Amendment states “Nor shall any state deprive any person of life, liberty, or property, without due process of life. (Gonzales 2012). The government has to make sure and they ensure a person that they will have a fair trial. Many people use the quote “innocent until proven guilty”. In criminal cases examples of due process include the need for probable cause to arrest someone and that a criminal defendant is presumed innocent until proven guilty by an impartial judge or jury.
Due process does not just exist in a criminal trial, any time a person 's property interest may be taken due process protections also apply (Gonzales 2012).For example, and a murder has been committed where four individuals have lost their life. The police and detectives have received clues that there were 3 suspects involved. They arrest the …show more content…
Substantive due process is concerned with such issues as freedom of speech and privacy, whereas procedural due process is concerned with provisions such as the right to adequate notice of a lawsuit, the right to be present during testimony, and the right to an attorney (Cassel 2003). When looking at the procedure process it limits the government’s power by requiring them to make sure they follow certain procedures in civil and criminals matters. Using procedure due process and criminal’s matters it protects a person in numerous ways using the Bill Of Rights. An example would be freedom from unreasonable searches and