Due Process - 1609 Words

Due Process Kelsey Kennedy CJA 224 October 31, 2011 Austin Zimmer Due Process Introduction The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of â€Å"life, liberty and the pursuit of happiness† and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have†¦show more content†¦The preliminary hearing is then held which determines if the prosecution obtained enough evidence and has enough probable cause to hold a trial (Schmalleger, 2008). Discovery, which refers to the first time the defense is allowed to view the evidence against the accused occurs at this stage (Schmalleger, 2008). The ne xt step is arraignment; this is the first time the defendant is seen by a judge with enough authority to hold a trial (Schmalleger, 2008). At arraignment, the indictment against the accused is read; the accused enters a plea of either guilty, not guilty or no contest (Schmalleger, 2008). The last step involving the court is adjudication, which plainly means a trial by jury (Schmalleger, 2008). The trial then proceeds until both sides have presented their case and the jury reaches a decision (Schmalleger, 2008). If the jury cannot reach a decision the judge can declare a mistrial and the case can be retried (Schmalleger, 2008). If the accused waives the right to a trial by jury, the court will hold a bench trial which is a trial conducted and decided upon by the judge (Schmalleger, 2008). After the trial has concluded, sentencing begins. A presentence report is compiled, usually by a probation officer which is a collection of the offender’s family, business situation, emotional state, social background and criminal history (Schmalleger, 2008). The judge then uses the presentenceShow MoreRelatedDue Process912 Words   |  4 PagesDue 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 originRead MoreDue Process Procedures Essay1020 Words   |  5 PagesThe law of due process simply mean educators accused of something have protection. The protection should be fair and reasonable to balance social concern such as government affair and criminal behavior. The employee rights originated from state and federal constitutional provisions, statues, and regulations. The Civil Rights Act of 1964 protects educators employed in private or public schools (Oliva, 2009). In addition, the equal protection clause of the Fourteenth Amendment protects educatorsRead MoreDefinition Of Due Process. A Requirement That Laws And1888 Words   |  8 PagesDefinition of Due Process A requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual —called also substantive due process Editor s note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states â€Å"no person shall†¦be deprived of life, liberty, or property, without due process of law,† and in the Fourteenth AmendmentRead MoreJudge Court Is Guilty Of Due Process Violations1674 Words   |  7 Pagescomponent of rule of law—due process. Due process is fair treatment through the judicial system. It includes, among a few other rights, the rights to receive an impartially fair trial and subsequent reasonable punishment, to grieve or complain against the charges and government official in charge, and to appeal. Judge Amanda William’s drug court is guilty of due process violations in each of the three mentioned major categories of due process. In order to stop the due process violations and bringRead MoreViolation of Fourteenth Amendment Due Process Rights542 Words   |  2 Pagesto his guilt but asked for a lesser penalty since Brady didn’t commit the murder. Before trial Brady’s council asked for all relevant information to the trial and were given most, but not all of it. The withholding of evidence was a violation of due process laws in which a new trial was requested. A new trial was granted but only for sentencing and not a retrial of fact. PROCEDURAL HISTORY Brady was convicted of murder in the first degree even though he proclaimed not have committed the murder andRead MoreDue Process1391 Words   |  6 PagesDue 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 usedRead MoreAmerican Government688 Words   |  3 Pages1. Define due process and its origins. Due process is defined as the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. (Wilson, James Q. (2009). American Government (9th Edition). Ohio: Strayed University.) The origin of due process is generally understood to be found in chapter 39 of the Magna Carta. It is also found in the fifthRead MoreEmployee Rights Of The Private Sector970 Words   |  4 Pagesshow an argument in the employee rights to participate in a managerial decision making and how the argument that was used had become more persuasive. Due process is always the legal policy to follow not only in a workplace, but also in the law arena. Due process is the law of the land which some use the term per legem terrae. In the workplace due process refers to employee’s right to be protected from the arbitrary use of managerial authority. Procedures must be established to ensure that dismissalRead MoreAssisted Suicide Should Not Be Illegal1655 Words   |  7 Pagesconstitution talks about how a person can chose the time and manner of their death if they chose to. Finally the case makes it all the way up to the supreme court. Where they looked at the due process clause and the fourteenth amendment. The court found that assisted suicide is not a right protected by the due process clause. Because assisted suicide was never in the american tradition ,and was against most americans morals and beliefs. But when the courts used the rationality test they saw that WashingtonRead MoreThe Legal Interests Of The United States3 643 Words   |  15 PagesBravo (Extrajudicial) Targeted Killings Due Process INTRODUCTION The legal interests of these children are significant. The children, as do other undocumented immigrants, in removal proceedings have the right to a Fifth Amendment protection of procedural due process. Mathews v. Eldridge established a case-by-case due process analysis that may create a right to appointed counsel in a civil proceeding. Therefore, it can be reasonably said that due process maybe adaptable to the children in removal