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Due Process Pros And Cons

648 Words3 Pages

Due process was adopted only a couple of years after the ratification of the constitution in 1791, but the first law was passed in 1354. This had to do with the Magna Carta and the due process clause of the 5th Amendment. In this essay, we will talk about what and where due process is, how the 14th Amendment prevents discrimination, and due process with minors. Within the law of due process, there are 2 types of systems and 1 implied system. The 2 types of systems are substantive, procedural, and implied incorporation systems. Due process is extremely important, but does it serve everyone justice? In the United States, we use the adversary system. It consists of 2 opposing systems and 1 implied. Substantive due process is when the court can …show more content…

Some of the major rights included are the right to an impartial jury, the right to an attorney, and no unreasonable searches or seizures. The book We The People…The Citizen and The Constitution describes the due process foundation, “The government must prove that the defendant is guilty, the defendant is not required to prove his or her innocence. The idea of ‘innocent until proven guilty’ is the foundation of all other due process rights” (Center for Civic Education 171). The due process clause is in the 5th and 14th Amendments, but other due process rights are mentioned in the 4th, 6th, and 7th Amendments. The due process clause in the 5th Amendment only applies to the federal government, so the clause was added to the 14th Amendment to apply to the state …show more content…

We do not agree with these unconstitutional procedures. Currently, juvenile courts must afford minors basic constitutional protections such as advance notice of charges, the right to counsel, and the right to remain silent. An example of a needed right for minors is shown in the McKeiver v. Pennsylvania case. As a result of this case, adolescents were being deprived of the right to trial by jury, contradicting the 6th Amendment. The Supreme Court, during the case, said, "But one cannot say that in our legal system the jury is a necessary component of accurate factfinding." (“Oyez'' 1). The jury is a necessary component and minors should get equal

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Jb V. North Carolina Case Study

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The question specifically posed for the court to address is whether the courts should consider the age of a juvenile suspect when deciding whether he or she is in custody for Miranda purposes. The Supreme Court issued an opinion by Justice Sonia Sotomayor determining that a age should be considered when determining if a juvenile suspect is in custody and should be issued their Miranda rights. Sotomayor’s opinion stated, “It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that a child’s age properly informs the Miranda custody analysis” (The Oyez Project as IIT Chicago-Kent College of Law). The case was returned to a lower court to determine how the age of J.D.B. may have impacted the statements and evidence obtained by

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Mathews Vs Eldridge Case Study

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What Was The Legal Significance Of The Case Of Gerald Gault

878 Words | 4 Pages

The due processing was not completed. Steps were skipped, and the boy was discriminated because of his delinquency. The majority opinion was written by Abe Fortas. The legal significance of this case is the process of due processing, and the right to not be discriminated or treated unfairly. The decision of Gault’s court case sent the world into a “ due processing revolution”.

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Case Study: Goss V. Lopez

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The single most important sentence located in the 14th Amendment reads, “Nor shall any state deprive any person of life, liberty, or property without due process of the law nor deny to any person within its jurisdiction the equal protection of the laws.” This sentence helps to determine if someone has had their rights violated, as evident in the Goss V. Lopez. In this case 9 students were suspended for 10 days without receiving a hearing. It was ruled that this violated the Due Process clause governed by the Constitution. Because of this case public schools re require to provide “oral or written notice of the charges against him and if he denies them an explanation of the evidence the authorities have an opportunity to present his side of the story.”

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It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.

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There are five freedoms that are given to U.S. citizens with the Fifth Amendment. This amendment states, “a person can’t be put on trial for a serious crime, unless a grand jury decides

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Due process is complicated and often misunderstood legal concept, especially as it applies to criminal law. Due process rights are established through the fifth amendment. Due process protection were extended to the states through the fourteenth amendment. The fifth amendment states that" no person shall be deprived of life, liberty, or property without the due process of law".

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Later, the due process clause was used to merge the Bill of Rights to the states. The idea behind due process is that states cannot abolish citizen’s liberties without due process. Liberty comprises of the freedom of speech, press and religion and the right to an attorney if one is suspected of breaking the law. Today, states are unable to seize freedom from individuals. The Supreme Court has used the Due Process Clause of the 14th Amendment to say that the Bill of Rights encompasses not only the states as well as the federal government.

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What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?

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In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).

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