Essay on "Due Process in the American Legal System"
Essay 3 pages (1054 words) Sources: 5
[EXCERPT] . . . .
Due Process in the American Legal SystemThe United States is the country of laws. The country was established in opposition to what was perceived as the lawlessness of the British colonial rule in America. The framers of the Constitution of the United States -- as well as those who added important Amendments later -- worked hard to make sure that the rights of all citizens are protected. It was enshrined in the Constitution that no person, agency, or institution, including the government can violate inalienable rights of any citizens. Even criminal proceedings should follow due process of law. For example, the Fourteenth Amendment states that "No state shall . . . deprive any person of life, liberty, or property, without due process of law" (Lewis 8). The Constitution, however, is subject to interpretation and many of its provisions have been historically applied in different manners. One judicial institution in the United States that deals with the interpretation of the Constitution in pertaining to the rights of persons is the Supreme Court. In the last century, the Supreme Court made important rulings regarding due process that protects suspected criminals from unfair trials. In several important rulings, the Court highlighted the importance of legal representation for persons accused of crimes and the importance of due process the police must follow in prosecuting and detaining crime suspects.
The Supreme Court normally deals with issues related to federal law. However, there are circumstances when a ruling made by a state court may be brought to the Supreme Court and overruled. For instance, if a person believes that he/she was tried in a court without "due process of l
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The Supreme Court overruled Betts v. Brady in 1963 by declaring that Gideon had the right to a counsel in line with the Sixth Amendment to the Constitution. The Court granted Gideon the right to have a counsel because the court accepted and agreed with Gideon's suggestion that "a citizen of the state of Florida cannot get a just and fair trial without the aid of counsel," and that a counsel is required to avoid "such things as hearsay, perjury or Bill of attainer against him" (Lewis 40). There is no guarantee that a legal representation can ensure fair trial, but at least an attorney defending a person accused of a crime may try to do so and it is much fairer than the absence of a counsel. The Court ruling in Gideon… READ MORE
Quoted Instructions for "Due Process in the American Legal System" Assignment:
Here are the requirements:
Write an essay on the meaning of due process in the American legal system by drawing in part on Gideon*****'s Trumpet.
Due process is supposedly guaranteed in the American legal system. If the legal system is to operate fairly, how important is it that an individual accused of a crime have legal representation? Some might argue that having a lawyer is necessary but not sufficient to ensure the right to a fair trial. In Gideon*****'s Trumpet Anthony Lewis highlights the role of the defense attorney in state trials. In your essay, discuss how the U.S. Supreme Court has addressed the rights of the accused by tracing key changes in law related to the role of attorneys and police. Be sure to make reference to Gideon*****'s Trumpet.
In light of the precedents and historical circumstances you have discussed, consider the circumstances under which the U.S. government may hold suspected terrorists in preventive detention. Take Ronald Dworkin*****'s perspective into account in your analysis.
I need to make reference to Gideon*****'s Trumpet. I don*****'t have the electronic version of the book. The attachments are the summary of Gideon*****'s Trumpet I purchased on Kindle. Try to use the references he used in the summary. As I am an international student, please don*****'t write the essay too *****"American*****", just use simple language. Thanks.
How to Reference "Due Process in the American Legal System" Essay in a Bibliography
“Due Process in the American Legal System.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/due-process-american/7453. Accessed 1 Jul 2024.
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