...Rights of Accused Craig Bishop POL 110 Strayer University Professor Eaton May 2012 Due Process Due process is a set of rules that are in place to protect people’s rights, this process insure that state and federal governments do not abuse its powers and treats all fairly. Basically due process prohibits the government from taking in-appropriate actions that would take away a person’s liberty or property, without giving proper notice of any action is taken. The right to due process is in the fifth and fourteenth amendment, this is also known as the due process clause. (LawInfo, 2010) Due Process and Its Origins Due process goes back even farther. It can be traced back to the Magna Carta in 1215; the barons of England said that the powers of the King are not unlimited. They said that his powers were limited by the essential principles of justice and fairness; it also stated that the King could not seize anyone’s property indiscriminately. (Hornberger, 2005) However, the origin of due process in the United States began when Thomas Jefferson was writing the Declaration of Independence, he wanted to make sure that the rights of the people were protected. Thomas Jefferson knew from the past that a government with too much power could over run a person at their will. So he incorporated the ideas of the Magna Carta into our Constitution. (Hornberger, 2005) Over time this “Law of the Land” became “due process of the law”, in time the...
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...In clause 39 of the Magna Carta, John of England said, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.” Many a times, people have been wrongfully accused of crimes they did not commit and have faced unfair trials. The composers of the Constitution have gone to great lengths to ensure that our new government does not engage in such practice. The Constitution and the Bill of Rights now consist of a series of protections for someone who has been accused of committing a crime in the United States. The Constitution states only one command twice. The Fifth Amendment says to the federal government that no person shall be “deprived of life, liberty or property without due process of law.” The Fifth and Fourteenth Amendments provide the assurance of fair procedure. The Bill of Rights gives a number of rights affordable to those who have been charged with crimes. The basis of these rights is the belief that all individuals are innocent until proven guilty. The burden of proof is on the government to justify or give reason for the arrest and detention of a suspect in a crime. A writ of habeas corpus is used to bring a prisoner or detainee before the court to determine if the imprisonment is lawful. An individual cannot be held ...
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...Framers of the constitution made sure that the government they created would not engage in practices such as inadvertently convicting individuals of crime that they did not commit. The Bill of rights and the constitution protects individuals accused of committing crimes in the United States. Among such rights “Due Process of Law” is the protection against arbitrary deprivation of life, liberty or property that was preserved in Fifth and fourteenth amendments of the United States constitution. In simple words it states that any person who is accused of crime will be guaranteed a fair and unbiased trail in order to prove their innocence. Due process of law is again divided in to Procedural due process of law states that government must use fair proceedings and Substantial due process states that the laws under which the government acts must be constitutional. According to George, (1989), some of the protections under procedural due process are rights against unreasonable searches and seizures, rights against double jeopardy, rights against self incrimination, right to fair trail, right to counsel and right to jury trail in the civil cases. Substantial due process is often used to overthrow government actions when it interferes with individual freedom when no more specific constitutional argument can be found. Marriage and abortion laws come under substantial due process for the people of United States. The notion of Substantial due process flourished during the Franklin Roosevelt’s...
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...Rights of the Accused POL110 Jeanette Ramirez Professor Rogers May 1, 2013 Introduction This paper will discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer. Define due process and its origins. According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of converting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black’s Law Dictionary, 6th Edition, page 500. Due process is a very complex subject to try to explain and define to where it is understood. In all its complexity due process just simply means that it holds the government subservient to the land of the law. Due process originated from the Magna Carta (1215), which were the Great Charter of English liberties where the nobles limited the King’s authority...
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...Rights of the Accused Down through the years our Constitution has undergone many changes and revisions for the sake of equality. The Constitution defines the rights of a free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible...
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...RIGHTS OF ACCUSED Assignment 1 Submitted to: Dr. Mehdi Nazer U.S. Government POL110 Prepared By: Nyleeche Perry July 26, 2012 RIGHTS OF ACCUSED Assignment 1 Define due process and its origins. Due process is a fundamental, constitutional guarantee that all legal proceeding will be fair and that one will be given notice of all the proceeding and an opportunity to be heard before the government acts to take away ones life, liberty or property. Due process originated in 1355 in chapter 39 of the Magna Carter although some believe that it goes back farther then that. When due process was discussed in the Magna Carter, it was know as the “law of the land”. Due process is discusses in the fifth as well as the fourteenth amendment of the U.S. Constitution. In the U.S. Constitution, it states that no person shall be denied the right of life, liberty, or property without due process of the law. The due process law means that a person has to be notified of any charges brought up against them. This also means that the accused person has the right to a fair hearing. Explain how due process protects the accused against abuses by the federal government. The due process clause in the Fifth Amendment was intended by the framers to prevent abuse of power on the part of the federal government. Before the Fourteenth Amendment was passed, the Bill of Rights only protected citizens from unfair treatment by the federal...
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...United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment guarantees all individuals this right after he or she is charged with a crime or arrested and confined on a...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...certain rights of the Bill of Rights. States are not given such protections as they are not in the same class as the defendant. The Bill of Rights is for all persons in these United States. Corporations also have this protection. In the time of this countries creation the Constitution was not complete without the protections of the Bill of Rights. This Bill was created to keep the governments in check in respect to the people who gave them the power to operate. Since the Bill of Rights was created in 1791 it had to be added or incorporated into the States relations with its citizenry, the original version was for the federal governments dealing with State Citizens. Knowing that tyranny was only a step away from that in power or in commerce this Bill has the power to keep the authorities in their respective place and adhere to the rules of procedure. Criminals have certain protections of the bill of Rights also, as they are citizens of the several States or the Federal government, being under the protection of this document it affords them a myriad of guarantees that a State cannot use. The most important right given is the right to remain silent which is the 5th Amendment. This is important because the authorities will use what is stated by a defendant against him or her with no regard as to the effect it will have on the case or whether it is prejudicial, they will use all information gathered against the defendant. Most criminals when arrested do not invoke this right and...
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...Crime victims rights Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] You have requested "on-the-fly" machine translation of selected content from our databases. This functionality is provided solely for your convenience and is in no way intended to replace human translation. Show full disclaimer Neither ProQuest nor its licensors make any representations or warranties with respect to the translations. The translations are automatically generated "AS IS" and "AS AVAILABLE" and are not retained in our systems. PROQUEST AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING...
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...Legal Rights Afforded to the Accused Damon Gordon Kaplan University Date According to the Fifth Amendment, police officers are supposed to give John Miranda rights. The rights involve explaining to John that whatever he said at that moment could be used against him in court. They should also let him know that he has a right to counsel. Miranda rights were created in 1966 and anybody in police custody like John is entitled to them. In case John needs an English interpreter, the rights say that he is entitled to one too. An equal protection clause together with a due process is therefore owed to John even though he is illegally in the country. If a suspect is not warned about their rights, any information got from them could be suppressed in a proper motion; it cannot therefore be used against them (Batra, 2009). The detectives were therefore not supposed to conduct an interview on him before explaining the Miranda rights to him....
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...civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is he right or wrong? Armington is incorrect. Double Jeopardy is being tried for the same crime twice (Miller & Jentz, 2008). In this case Armington was tried and convicted of the crime, however the civil tort suit is something that is completely different then the armed robbery conviction, therefore this would not fall under double jeopardy. Regardless of the outcome of the criminal trial, the victim can bring a civil suit against Armington to recover any losses or damages. Armington can also be charged federally for civil rights violations for the same crime because assault and battery took place; he cannot claim double jeopardy for that either. Since Jennings was injured in the crime, he has the right to pursue a civil case for damages incurred from the injury. This can include medical bills, time off work, even mental or depression issues stemming from the incident. Armington’s rights have not been violated because these are two difference issues; one being the crime itself and the other being victims’ rights for damages from the crime. Furthermore, Double Jeopardy only precludes only subsequent criminal proceedings as handed down by the U.S. Supreme Court. It does not involve civil, administrative or federal proceedings. References Miller...
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...Accused Versus Victim’s Rights The United States of America relies on due process of law to ensure equal protection of life, liberty and property to all citizens. Police officers work tirelessly to accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise conviction rates and promote public safety. In 1966, however, the jurisprudence of the entire US justice system changed when the court of Chief Justice Earl Warren was presented with the case Miranda v Arizona. In this case, the majority decision ruled to protect suspects’ rights, extending equality of protection regardless of legal knowledge or background, not only highlighting the trends of human rights and equality in the Sixties, but also the tensions between criminal rights versus public safety, demonstrating a shift from the conservative ‘law and order’ jurisprudence to more liberal methods of interrogation and conviction. On March 2, 1963, Ernesto Miranda kidnapped a woman (whose name was not released to the press for her safety), drove her into...
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...Perea BLAW 316-M30 New Mexico State University Nancy A. Oretskin 07/26/2013 The accused (Movie) Substantive Law is the basic law in written form and that defines rights as well as duties, which includes crimes together with punishments (contract law, criminal law, tort law, law of wills, etc.) responsibilities and civil rights within civil law. Procedural law on the other hand provides the mechanism through which the enforcement of the duties and rights would be realized. The procedural law therefore comprises of rules to be adhered to by a court while hearing and determining criminal as well as civil cases. This paper intends to analyze from the substantive law point of view of the unfolding events within the movie “The Accused” as written by Tom Topper in 1988 (Ebert para 1-10). The movie is a description of unfortunate happenings that involve Sarah Tobias who is the accused of luring herself into the unfortunate rape ordeal and who is accused of the same. Moreover, in a rather twisty way, the case moves from her accusation and she becomes the accuser in trying to seek justice for her own misfortune. The movie therefore depicts that rape victims would stand to be accused in causing it to happen. The drunkards in the bar where she goes and drinks uncontrollably, shows the substantive sides of the legal movie through the abuse of Tobias rights. The drunkard men blamed the accused for first over-drunkard-ness after which she engaged in provocative dance, which leads...
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...Assignment 1: Rights of Accused Jeffrey R Herbert, Sr. Dr. Jane El-Yacoubi POL110 – U.S. Government Sunday, April 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...
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