...Due Process Paper Due Process Paper Due process A New York State Supreme Court Justice traces the constitutional concept of due process to the English concept of "the law of the land" (W. McKechnie, 1914). Due process, is a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual (Merriam-Webster). Due process of law is based on the idea that legal proceedings cannot interfere with life, liberty, or property unfairly. The Fifth and Fourteenth Amendments guarantee that one will be given notice of the proceedings and will have an opportunity to be heard prior to the seizure of life, liberty, or property.” Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state” (Wikipedia 2009). When a person gets harm by the government, the government has to follow the exact course of the law and if the government doesn’t follow, it will constitutes a due process violation that offends against the rule of law. Due process is traditionally divided into substantive and procedural categories. Substantive due process relates to general rights such as freedom of speech and privacy. Procedural due process relates to the right to an attorney, and other specifics associated with the procedures of legal proceedings...
Words: 1097 - Pages: 5
...Due Process Crystal Groff Strayer University Professor Freeman Abstract We all wonder what the words life, liberty, and property derived from. In this paper I will be explaining what due process is and how it relates to life, liberty, and property. I will also explain where due process came from and what 2 amendments relate to due process. Before we start though I would like you to know that due process is there to protect the defendant under proving guilty. Define due process and its origin? Due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights if citizens. It is done to insure that the government treats all the individuals properly and does not abuse there power by acting against the citizens in an arbitrary, oppressive, or capricious manner (WiseGeek, 2003). The most important fundamental level, is that it prohibits the government from taking any action against the individual that would result in the loss of liberty or property, without first making sure the individual notice of pending action, and has the opportunity to be heard. In every case, before the final decision can be made, the government has to provide the individual, through judicial or administrative procedures that are fair to the individual and impractical, and the ability to challenge the state action. The more serve the case of deprivation of liberty, the more rigorous the due process procedures afforded must be (WiseGeek...
Words: 912 - Pages: 4
...Substantive due process prohibits the government from intruding on a person’s fundamental constitutional rights. Essentially, substantive due process involves a state’s ability to regulate certain activities. This area of due process allows the courts to protect the rights of people that are not specifically mentioned in the Constitution. Unlike procedural due process, which guarantees laws are valid and impartial, substantive due process stops state and federal governments from passing laws that exceed the authority the government has been granted. Freedom contract refers to the ability of private and public people or organizations to form contracts between themselves without government interference. Freedom of contract was first brought...
Words: 290 - Pages: 2
...Describe the concept of due process: Due process is a legal term from the government. It is a principle that the government must respect the legal rights of an individual according to the law. This due process holds the government to the law of the land protecting people from the states power. This is kind of a way of limiting what the government can and can’t do in efforts to make them not be unfair to the people. I read this and I feel that it helps explain what I am trying to say a little more clearly. "The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929). The constitution states only one command twice. The Fifth Amendment says to the federal government that no shall be “deprived of life, liberty or property without due process of law”. The Fourteenth Amendment uses the same eleven words called Due Process Clause and it is used to describe the legal obligation of all states. Basically they are giving an promise of assurance that all levels of the government must operate within the law and provide fair procedures. Describe three of the legal defense. The three defenses that I would like to describe would be the insanity defense, self-defense, and the entrapment defense. The insanity defense is the defendant claims that because of mental health problems they were not responsible for their actions. The insanity defense is based on...
Words: 484 - Pages: 2
...1. What is due process? a. Due process is a right guaranteed by the U.S. Constitution in the Fifth, Sixth, and Fourteenth Amendments. These rights ensure procedural fairness as it recognizes the individual rights of the criminal defendants that are facing prosecution by the state or federal government. Due process of law contains key features that ensure individual rights are protected. These are confirming a law exists that defines the offense, proper jurisdiction over the case, the accusation was made properly, the defendant had notice and the opportunity to defend him/herself, are ensured a trial, and if not convicted, are discharged from any penalties (Schmalleger, 2014). 2. Why is due process such a central notion in American criminal justice? a. The Constitution guarantees our rights and freedoms as American citizens. If we are being accused of a crime, we have certain and specific rights we are able to exercise to protect ourselves. Due process ensures that we are granted procedural...
Words: 627 - Pages: 3
...Analyzing Due Process in the Workplace ELIHU M. GERSON AND SUSAN LEIGH STAR Tremont Research Institute Every office is an open system, and the products of office work are the result of decentralized negotiations. Changing patterns of task organization and alliance inevitably give rise to inconsistent knowledge bases and procedures. This implies that there are no globally correct answers to problems addressed by OIL%. Rather, systems must deal with multiple competing, possibly irreconcilable, solutions. Articulating alternative solutions is the problem of due process. This problem and its consequences are illustrated by a case study of a rate-setting group in a large health insurance firm. There is no formal solution to the problem of due process. But it must be solved in practice if distributed intelligent 01% are to be developed. We propose an alternative approach based on the work of social scientists concerned with analyzing analogous problems in human organization. Solution of the due process problem hinges on developing local closures to the problem faced by an organization. This means analyzing (a) local, tacit knowledge and its transfer ability; (b) articulation work, that is, reconciling incommensurate assumptions and procedures. Categories and Subject Descriptors: H.l.l [Models and Principles]: Systems and Information Theory; 1.2.0 [Artificial Intelligence]: General; 1.2.4 [Artificial Intelligence]: Knowledge Rep- resentation Formalisms...
Words: 7024 - Pages: 29
...question posed at the outset is the following: does the president have constitutional authority under the due process clause to kill U.S. citizens abroad, or is it a violation of this clause to unilaterally decide to target and kill Americans? This essay will review the concepts of battlefield, imminent threat, and “due process”, and how these ideas shape our perception of presidential power. It used to be that a battlefield was marked off and the combat was on the battlefield. Al-Qaeda had declared that a battlefield was anywhere they can legitimately operate from and kill Americans. A “battlefield” can best be defined as anywhere where the enemy has protection of local people, where the enemy can’t be arrested, and from where they can attack America. Most commonly, we think of a combatant as somebody engaged in fighting a war. An “immanent threat” is best defined as any pronounced or supposed threat that is about to happen. It can also be defined as the presence of immediate deadly harm. In response, if the president has the opportunity to prevent an event that is highly likely, he should have the right to do so. Concepts of liberty and due process may be relevant to some, yet in an armed conflict, there are no due process rights available. Because of battlefield requirements and the lethal force being used, due process does not require trial or charges. Right to due process is context-sensitive, and it should be analyzed according to the situation. Under the international...
Words: 544 - Pages: 3
...Due Process Paper Cynthia Casillas CJA224 February 8, 2012 Carl Heintz Due Process Paper The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved...
Words: 1837 - Pages: 8
...Due Process June 20, 2011 Due Process Due Process, the fundamental of principles of fairness of legal matters, includes that of civil and criminal with court. Legal proceedings are set by law and court practices, this shall include the rights of a defendant must be adhered to by everyone so that there will be no prejudicial or unfairness or poor treatment is shown toward each party. (Hill, 2005) Some terms are guarded by its aim to protect private and public rights against unfairness. Due process of legal laws is found within the Fifth and Fourteenth Amendments of the Constitution of the United States. No person is to be deprived of life liberty, or property without due process of law. According to (United States Constitution Bill of Rights) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Hill, 2005) due processes have two categories substantive and procedural due process. Substantive due process refers to the lamination of the matter...
Words: 1584 - Pages: 7
...Due Process University of Phoenix The main purpose of due process is to show a person that the law expresses the fairness against the power of the state. The public nature of the legal system is shown through due process, which ensures the idea that the government is responsible, not that person. To help ensure justiceand equality it is recommended that public scrutiny is necessary (Merver, Grant 2003). Due process is intended to provide people with protection from government when it comes to our civil rights to liberty, life, and property without due process of law it would be very easy from to get in trouble for something they have not even done. Due process has a very big role when it comes to the public perception mainly because the systems seem fair concerning the legitimacy of the law, legal actors, and the courts. As stated by (Meyer, Grant, 2003) "perception of fairness or unfairness reflect concern with the process of justice as well as the outcome". The concept of due process is the protection of our lives, liberty, and property rights, according to due process of life the government cannot stop someone that has been convicted of a capital crime of his or her life before they can go through and complete the appellate process. Everybody that is a citizen of the United States has many different liberty interest and due process of liberty restrict that it keeps the government from taking this liberty...
Words: 949 - Pages: 4
...Due Process Rachelle Davis CJS/220 February 15, 2012 Tina Mainwaring The concept of due process is that no person be deprived of life, liberty, or property without the due process of the law. This is one of the protections provided by the Fifth Amendment. Due process is supposed to protect individuals against the power of the state and federal government. This process is meant to emphasize that our government is accountable to us and is necessary to help ensure equality and justice. Due process and life means that our government cannot deprive a criminal of his life before the appeals process has been exhausted. This is essential because there are times when a person on death row has been released after being found to have not committed the crime. Due process and liberty ensure that we are not deprived of our liberty without the due process of the law. This also applies to regular citizens, police officers have to have a legal reason to stop a person while walking or driving, and if they search us or arrest us they must have a specific legally supported reason for doing so. Due process and property apply to protecting our personal property. This process protects us from unlawful seizure of our property. The right to a speedy trial by an impartial jury is also part of the due process. A person must be notified of the charges that they are charged with. All of these are part of protecting each individual citizen and their rights...
Words: 288 - Pages: 2
...29, 2012 Due Process can be defined in one word: Fairness! An original definition from The American Heritage College Dictionary, 3rd edition, defines due process as a set course for judicial or other government activities designed to protect the individual’s legal rights. (Dictionary, 1997, 1993) The 14th Amendment, ratified in 1868, states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside, also known as the due-process law (Wilson, 2009). No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Exploring Constitutional Conflicts, 2012) What the constitution is establishing is a judicial concept that guarantees that all legal proceedings against any individual will receive the right to fair trial and given an opportunity to be heard against the government before the actions of the government to take away life, liberty, or property. The 6th amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” (Hornberger, 2005) The concept of due process originated in English...
Words: 1249 - Pages: 5
...Due Process And Crime Control Models Criminology Essay ukessays.com /essays/criminology/due-process-and-crime-control-models-criminology-essay.php Due Process The basis of the due process model is formal structure. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is used in many criminal trials, and there are many reasons and factors for this. Basically, the due process model criticizes every type of evidence except definitive physical evidence that cannot be disputed. The object of looking at evidence in the due process model is deciding what information may be incorrect, falsified, or coerced from an individual. This has occurred on many occasions when other criminals have testified against the suspect, because they may be rewarded with time off of their sentence or other things. Because the main goal of the due process model us to reduce mistakes that can place an innocent person in prison, the process is very slow (Henham, 1998 & Klein, 2006). Crime Control The idea of the crime control model is to decrease crime in all areas; for this to be done criminal conduct needs to be drastically reduced. Many of the problems that arise in the crime control model is directed at law enforcement officials. People commit crimes and get away with them...
Words: 1397 - Pages: 6
...DUE PROCESS 2 Our founding fathers helped shape our country. The Constitution of the United States set down our rights as an individual of our country. Included in our Constitution is the right to a speedy trial and the right to due process. Everyone has a different opinion of what due process is. Our founding fathers gave us the right from the federal government to interfere with the state government. They also gave us the answer to what due process is all about, we just need to learn and identify with it. Our legal system is an adversarial system, that is it reflects the theory that truth and justice can be found when the legal teams battle in court to determine the facts of the case and find solutions, Meyer, J and Grant, D, (2003). A concept of the adversarial system is the accused is presumed innocent until proven guilty. In an adversarial courtroom the state (prosecutor) and defense advance their case with the court (judge) who enforces the rules. Even though the state and defense advance their position, they are still fair. The courtroom parties all share a need to handle cases as fast as possible to try to clear the crowded court docket. In 1791 the fifth amendment was enacted and it states: No person shall be deprived of life, liberty, or property. Nobody really knows what due process is and if asked each person...
Words: 1075 - Pages: 5
...No person . . . shall be deprived of life, liberty, or property without due process of law (The Courts in Our Criminal Justice System, 2003). The legal code of due process means that the government has to respect legal rights of a person who is being accused of a crime. In the United States Constitution, due process is only mentioned twice- in the Fifth Amendment and in the Fourteenth Amendment. According to the law of the land, a defendant in a criminal case is always innocent until they are proven guilty. Individuals who are accused, also known as the defendant, has to be informed of the charge or the charges that are being brought up against them. The person who is being accused of the alleged crime or crimes has the right to present their case before a jury of their peers. Due process gives the accused the right to a speedy trial. While on trial, the accused has the right to state their case and even offer witnesses if there are any available. Those who are called to testify are obligated by law. Due process is important in the criminal justice field because everyone has their own rights. Their legal rights are the most important of all. While studying history, there have been periods where there was no set laws and the world was in absolute chaos. Our rights by the law may not be perfect but nevertheless they are there to help protect us. References The Courts in Our Criminal Justice System (2003)...
Words: 254 - Pages: 2
