Due Process Revolution: CRM 322 Law Of Criminal Procedure

Due Process Revolution

Shantel Randolph

CRM 322 Law of Criminal Procedure

Saint Leo University

Due Process Revolution

Due Process

Due process is basically a procedure that guarantees the rights of individuals during the criminal law proceedings and ensures the fair and unbiased legal proceedings. 5th and 14th amendments cover this process and propose that an individual as full right to know about the charges that have been accused against her or him, in addition, s/he also have right to put forward their stance, in self defense, during the court proceedings. The purpose behind it is to grant the individuals against possible chaotic actions by the state. The whole process covers a wide range of procedures and rules that

During this time, a strict action was taken that critically evaluated the government conduct along with critical evaluation of police and every procedure was brought openly in public to ensure the process transparency. It was a straight reaction from the supreme court of the United States and that time, Earl Warren was the chief justice of the court. During that era, the supreme court repeatedly interrupted the decisions taken by other local courts on account of serious concerns about fairness of the system, where the accused was not given enough chance to exercise the self defense. The main reason behind these controversial local court decisions was that at that time, there were 50 states that had 50 judicial systems of different nature. This factor added to the inclination of judicial activities in breach of U.S constitution framers as unavoidable. Resultantly, courts of individual states started making decisions that favored state prosecutors where it was later determined by the supreme court that the local courts had violated the rights of the

Ohio (1961) where the court decided that the 4th amendment exclusionary rule was applied to the individual states and thus overturned Wolf vs. Colorado (1949). It was made possible due to the clause of due process that was connected with the 14th amendment.

• Another important Case of that era is Gideon v. Wainwright (1963), where lawyers were ordered by the court for defendants who were poor. In addition to it, the court prohibited prosecutors against using the evidence that was seized in illegitimate searches.

• One other famous Case of that era is Miranda v. Arizona (1966), where, even the person who was blamed of crimes, enjoyed the constitutional rights that protected his privileges and police was induced to respect the rights of accused, and the court required a prior warning before arrest.

• However, in a case of Terry v. Ohio (1968), Warren Court gave enough flexibility to the police officers to stop and inquire the people who were suspected of keeping weapons.

• One remarkable case of the decade was Pointer v. Texas, where the court made the decision in favor of defendant by stating that the defendant’s due process rights were violated and he was not given opportunity to put his