Essay on "Rights of the Accused"

Essay 2 pages (720 words) Sources: 3

[EXCERPT] . . . .

The rule that people should not be deprived of liberty, property, or life without being given notification and an opportunity to be heard was largely accepted in England and predates written constitutions. Traditionally, the use of due process was mainly divided into two categories of procedural due process and substantive due process. However, since the end of the 19th Century, the initial understanding of the due process clause including the meaning of freedom has changed significantly to an extent that today's conservatives are divided regarding its proper use.

In relation to the rights of the accused, the basic outlines of the due process are clearly stipulated in the Constitution while their specifics have been modified in courtrooms at the local, state, and federal levels. While there is no absolute agreement about the meaning of the due process of law, courts have in the past two centuries found that the phrase include both the procedural and substantive rights. Consequently, the due process of law is what the Constitution has established to protect the integrity of the criminal justice system as complemented by legislation and interpreted by the courts ("Chapter 8 -- Rights of the Accused," n.d.).

The due process protects individuals against abuses by the federal government through ensuring fairness in all legal proceedings. This does not mean that in each case every defendant is treated similarly, but that every defendant is entitled to some processes to ensure that he/she will have a fair trial no matter the charge. In this case, the fair trial is carried out openly based on the rules of law and in ways that the public can be assured or guaranteed that the criminal

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justice system is working fairly.

References:

Carey, G.W. (2011, October 5). Due Process. Retrieved October 29, 2012, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&theme=home&loc=b

"Chapter 8 -- Rights of the Accused." (n.d.). Rights of the People. Retrieved from InfoUSA

U.S. Department of State website: http://infousa.state.gov/government/overview/accused.html

"Due Process." (n.d.). Lectric Law Library. Retrieved October 29, 2012, from http://www.lectlaw.com/def/d080.htm READ MORE

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Quoted Instructions for "Rights of the Accused" Assignment:

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Write a 2-3 page paper on the rights of the accused in which you: 1. Define due process and its origins. 2. Explain how due process protects the accused against abuses by the federal government. 3. Use at least three (3) references: The textbook plus two others, excluding Wikipedia, dictionaries, and encyclopedias.

Your assignment must: ? Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. ? Include a cover page containing the tile of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: ? Distinguish between civil rights and civil liberties in the context of Supreme Court protection of freedom of expression. ? Use technology and information resources to research issues in the field of American government and politics. ? Write clearly and concisely about American government and politics using proper writing mechanics.

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