Essay on "Rights of Accused"

Essay 2 pages (717 words) Sources: 3

[EXCERPT] . . . .

The due process clauses were intentionally established in the constitution by its framers to protect against abuses by the federal government during criminal investigations in order to ensure that innocent people are not wrongly convicted ("Due Process -- Rights of the Accused," n.d.). The foundation of the protections by the due process clauses is based on the presumption of innocence until an accused person is proven guilty beyond reasonable doubt. However, there is huge misunderstanding of the burden of proof, which can be difficult to explain or quantify.

The requirement for proof of guilt beyond reasonable doubt does not mean that a judge must be 100% sure of guilt since that implies that nearly all criminals would go free during trial. As part of protecting the rights of the accused, due process provides them with the right against unreasonable searches and seizures. This protection is based on the Fourth Amendment that seeks to guarantee the rights of people to be secure in their persons, effects, and properties. Secondly, the due process of law protects the accused through providing the right to counsel when an individual is suspected of a crime. While this right is not explicitly guaranteed by the U.S. Constitution, it is granted by the courts. Third, the clauses provide the exclusionary rule where the court can order any evidence to be suppressed if the any constitutional rights of the accused were violated during arrest or investigations. The other ways with which the due process of law protects the accused against abuses by the federal government include fruit of the poisonous tree, right to confront witnesses, and right against self-incrimination.

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