Due Process

DueProcess

DueProcess

Criminaljustice is a social institution and a system. As a socialinstitution, it endeavors to meet the needs of the society that is toprovide law and order. In the U.S., law and order must be achievedwithout violations of civil rights and liberties. The criminaljustice system justice depends on the due process from the locallevels, the state, federal level and the police. Due process isachieved by following procedural laws to get justice that is fair,accurate, humane, and timely. Criminal justice is a career path thathas a better history and a good future for people who want to provideservice to the public. The service is developed on how crime isdefined, the collection of crime data and building programs andcriminal justice entries process (Fagin, 2007).

Thesaying &quotdue process of law&quot is fundamental to the Americanconcepts of order and of liberty. Men who had had bitter experiencewith the arbitrary power of kings first wrote it into the FifthAmendment to the Constitution. The amendment was done specifically tobe applied to the states when the civil war ended. This was thebiggest internal conflict in American history. The fourteenthamendment language suggested that no state shall deny any one ofliberty, property, life without following the law.

Thesignificance of this particular language to present legal problems ismade clear by referring to Article VI, which suggests that theconstitution is made to cover all treaties and agreements made orshall be prepared under the power of the country, or shall be thesupreme law of the land “(Edwards, 1966).

TheFifth Amendment`s orientation to the “due process” is just one ofthe several assurances of protection that is provided by the Bill ofRights against the government. Formerly, these assurances were notapplicable. When it got to the mid 20thcentury, which was slightly a century after its implementation, therewas a sequence of decisions by the Supreme Court. The decisions foundout that the due process segment “integrated” most parts of thebill of rights and made them work to the states.

Thelaws almost abolished the difference between the already existingbill of rights and the fourteenth amendment. Suppose the bill ofrights guarantee is &quotintegrated&quot the fourteenth amendment,the state as well as the federal responsibilities remain the same.The requirement to be represented by a jury had the same meaning inthe state and the federal courts. No changes on the number of juriesare required regardless of their anonymity in their rulings.

Ifthe courts extended the Amendment&nbspXIV“due process” to relate the bill of rights to the states, theyextended the Fifth Amendment “due process” to compel the federalgovernment to obtain equal fortification of the laws. The clause alsosays that prior to depriving a citizen life, property or liberty, thegovernment is obligated to follow fair procedures. Assuming the statelaw offers students a right to public education it does not sayanything about how discipline is equally important in the law. Priorto the government taking away the right from a student by banishingher on grounds of indiscipline, it would have to give her fairprocedures, regarded as “due process” (Cornell University LawSchool, n.d).

References

CornellUniversityLaw School.(n.d.).Dueprocess.Retrievedfrom https://www.law.cornell.

Edwards,G. (1966). Due process of law in criminal cases.TheJournal of criminology and police science, 130-132.

Fagin,J. A. (2007). CriminalJustice.U.S.A:Allyn &amp Bacon/Longman representative.