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Sample Coursework Paper on Due Process

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Sample Coursework Paper on Due Process

Due Process

Every state has a process under which it enforces law. Due process is the way that states endeavor to strike a balance between their powers and protection of individuals. Each state aims at protecting its citizens through respecting all legal rights enjoyed by citizens in the practice of law. Due process is expressed in the Fifth Amendment where the federal government is advised not to deny individuals life, freedom, or property, without undertaking the right procedure according to the law. Due process rights transform arbitrary exercise of power into institutional system that bonds moral thoughts into legal practicalities (May, 2011). Constitutional rights should not be perceived as mere technicalities, as criminal justice systems ought to be responsible to regulations, guidelines, and processes that enhance fairness and uniformity in offering justice. Due process advocates for written law so that every individual guided by reasons can appreciate what is criminal behavior.

Due process ensures ethics and fairness are observed in the application of law. In criminal justice, due process advocates for fundamental fairness as the law should concentrate on defendants’ rights, rather than victims’ rights. Citizens may also be at liberty to have the government give fair processes, regardless of whether or not such processes are catered for by the law. Ethics are essential in criminal justice as they assist in developing moral reasoning and judgment. The police and prosecutors should not just declare that a suspect is innocent or guilty, without collecting adequate evidence to prove which side the suspect should go. Rules ought to be followed to safeguard the privacy as well as civil liberties for individual citizens, as every system in the due process must balance the act of protecting innocent individuals and ensuring that criminals face legal justice.

References

May, L. (2011). Global justice and due process. Cambridge: Cambridge University Press.

 

 

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