ipl-logo

The Importance Of Due Process In The Court System

1200 Words5 Pages

Ever wondered how the court systems go about making their decisions and if they are just in doing so? There have been cases where the process of the law has been questioned. These cases can only be straightened out by the due process of law. The guarantee of due process, in the Fifth and Fourteenth Amendments, prevents the government from unfairly depriving individuals of their basic rights to life, liberty, and property. (Strasser) The Constitution only states one rule twice. The Fifth Amendment says that no one should not be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment states the same eleven words. (Strauss) This is called the Due Process Clause. The reason for the clause is so the American government operates within the law. More specifically so the American justice system operates within the law and the constitutional rights of all citizens. The Fifth Amendment holds true in this. This amendment states that no one will be convicted of a …show more content…

Since due process is how we define the order and the correct way of doing things, this is how it applies: In the Terry versus Ohio case, Terry believe that officers should have probable cause before the officer was able to stop and frisk individuals. Under the Fourth Amendment, officers have the right to stop and frisk without probable cause, meaning the process McFadden used was correct. On the other hand, in Miranda versus Arizona, Miranda had not been informed of his right to remain silent before giving his confession of committing the crimes he had been accused of. In turn his confession was not valid. If the officers had used the correct process and made Miranda aware of his right to remain silent, his confession could have been used in trial. Since his confession could not be used, Miranda was not convicted. These, although very different, cases both support that due process holds the upmost importance in

Show More
Related

Due Process Hearing Case Study

473 Words | 2 Pages

Petitioner, Triniti T. (“Student” or “Petitioner”) filed her initial request for due process hearing (“Beaumont I”) on February 24, 2014. In the request, Petitioner alleged that the District denied Student a free, appropriate public education (“FAPE”). A hearing was held on June 24-26, 2014 and a Decision following due process hearing (“Decision”) was issues on August 28, 2014. The Decision found that Petitioner had met her burden in proving that the District failed to provide Student with a FAPE in specific areas and the Petitioner was entitled various relief including, but not limited to specific prospective placement, services, assessments, training, devices/equipment for the remainder of the 2014-2015 school year; program development for the 2015-2016 school year, and reimbursement

Read More

Washington Vs Glucksberg Case Study

509 Words | 3 Pages

Brynne DeRosier Washington v. Glucksberg The Supreme Court case between the state of Washington and Dr. Harold Glucksberg, considering the decision to prohibit physician-assisted suicide, took place in 1997. Dr. Harold Glucksberg and four other physicians decided to challenge the state of Washington 's ban on physician-assisted suicide. The state of Washington had labeled it a crime to promote suicide attempts by those who "knowingly cause or aid another person to attempt suicide." Glucksberg claimed that Washington 's ban was unconstitutional.

Read More

Mathews Vs Eldridge Case Study

858 Words | 4 Pages

The Supreme Court stated, in Mathews v. Eldridge, that the right to be heard in a meaningful way “before being condemned to suffer a grievous loss” is a basic principle of our society. See Mathews v. Eldridge, 424 U.S. 319; 333 (1976) (citing Joint Anti-Fascist Comm. v. McGrath, 341 U.S. 123, 168 (1951)). However, they proceeded to counter this by saying that due process was flexible and its procedures should be tailored to the particular situation. See Mathews v. Eldridge, 424 U.S. 319; 333 (1976).

Read More

Analysis Of The Supreme Court Case Of Miranda Vs. Arizona Bashlor

1193 Words | 5 Pages

Miranda v. Arizona Bashlor, 1 Miranda v. Arizona: Rights of the Accused Lauren Bashlor Liberty High School AP Government 3AB The U.S. Supreme Court?s compromise in the Miranda v. Arizona Supreme Court case referred to three different court cases aside from Miranda v. Arizona case. Each of the three different court cases involved the rights of the accused individuals (U.S Courts, 2015a). Miranda v. Arizona court case dealt with an individual being accused of kidnapping and raping a young woman. Miranda had been questioned and interrogated by the police, he also confessed and signed a written confession during the interrogation, without being read his rights and especially his right to a lawyer and if he could not afford one then one would be given to him (U.S Courts, 2015b). Miranda v. Arizona established that an individual being accused of a crime has the right to remain silent and anything you say can be used against you in the court of law.

Read More

Equal Protection Clause Under The 14th Amendment

155 Words | 1 Pages

Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their

Read More

14th Amendment: Significant Changes To The Constitution

427 Words | 2 Pages

The 14th Amendment was one of the most significant changes to the Constitution. The amendment contains the equal protection of the laws clause. It was added to the Constitution after the Civil War. The rules that the amendment states have been the result of several Supreme Court cases. The amendment has deeply influenced American History and the perception of equality.

Read More

Miranda Vs Arizona Essay

1588 Words | 7 Pages

One of the most important Supreme Court cases throughout history was that of Miranda vs. Arizona. The case was seen to prove that the confession of Ernesto Miranda in 1963 was inadmissible as evidence because Miranda was not informed of his rights. This case came at the same time as a national push for individual rights and civil liberties. The 1960’s were a decade predicated on increasing awareness of police misconduct and abuse of power. During this period, there was also a growing feeling that suspects were often treated unfairly by both law enforcement and the court system.

Read More

Abuse Of Authority In The Crucible By Arthur Miller

969 Words | 4 Pages

The absurd cries of young, simpleton girls ignited a series of potentially deadly trials that would soon prove to end fatally for over 20 accused victims. The fact that absurd, superstitious accusations were considered to be sufficient evidence to condemn a victim defines the very contrast of due process.

Read More

The Case Of Miranda V. Arizona

524 Words | 3 Pages

In a 5-4 Supreme Court decision Miranda v. Arizona in 1966 ruled that Ernesto Miranda is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession. The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against

Read More

First Ten Amendments Of The US Constitution

647 Words | 3 Pages

The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has.

Read More

The Speedy Trial Act (1974)

647 Words | 3 Pages

The same principle was included in 1776 into the Virginia Declaration of Rights and then incorporated by the Framers into the Bill of Rights (Legal Information Institute, n. d.). Nowadays, the Right to a Speedy Trial is among the basic rights ensured by the Constitution, since embodies one of the fundamental liberties granted to the American citizens. The term “speedy”, although quite relative, indicates that the defendant should be brought to trial within a reasonable time after being arrested. Otherwise, the charges should be dismissed.

Read More

The Pros And Cons Of Judicial Selection

829 Words | 4 Pages

The dual court system of the United States gives state and federal courts different roles and responsibilities. A difference between the two is that state courts seem to exhibit less independence than federal courts. Tarr (2019) highlights that since state courts do not have “Article III guarantees of judicial independence[,]… judges on legislative courts cannot be assigned the same duties and jurisdiction as judges on constitutional courts.” By the nature of the dual court system, state courts are not responsible for determining matters of constitutionality. Rather, their duty is to deal with sentencing for conflicts among citizens, not violation of amendments nationally.

Read More

Due Process Clause In The 14th Amendment

863 Words | 4 Pages

The Due Process clause as outlined in the fourteenth Amendment states that a state cannot deprive an individual the right to life, property and liberty without a due process of law. This clause applies to school districts in which the school district must follow a procedure before dismissing a teacher or any district employees. The due process does not align the reasons for dismissal. These are found in the state statutes. In California, these are found in the Education Code.

Read More

The Constrained Court

429 Words | 2 Pages

Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.

Read More

Pros And Cons Of Due Process

245 Words | 1 Pages

The due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary of life, liberty or property by the government outside the sanction of law. One of the pros of the Due process is that accused gets to enjoy all Constitutional protections of law and the entire process is fair and well balanced. However the con is that it takes the time, hardship on the victims and their families in having to be at every hearing.

Read More

More about The Importance Of Due Process In The Court System

Open Document