¶ … Rights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.
Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land. Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due process of law. In the U.S., it came in the 5th and 14th amendments of the U.S. constitution which have the due process clause. The due process clause comes from the Second World War when Judge Louis E. Goodman dismissed a case which was brought against Californian native, Masaaki Kuwabara and another 25 people who resisted from the Tule Lake Segregation Center as a result of the due process.
One important case that led to the rise of due process was the...
Glucksberg. This was a case in which the U.S. Supreme Court held that the patient's right to have assistance in committing suicide was not covered under the protection of the due process clause. This is because
assisted suicide is not a fundamental liberty interest and therefore it is not protected under the 14th amendment.
The case of Lochner vs. New York upheld that an individual had a right to form a contract under their own terms without the restrictions of governments. The Supreme Court made this ruling under the due process clause in the
fourteenth amendment to make the declaration that the action of the state of New York to impose a limit on the hours of work was unconstitutional.
Another important case is Roe v. Wade which was simultaneously decided with the Doe v. Bolton case. Here the Supreme Court decided that under the clause of the due process, a woman can decide to have an
abortion though this right needs to be balanced with the legitimate interests of the state which regulate abortions. These are that they try to protect prenatal life and that they are protecting a woman's
health.
How due process protects the accused
Due process came from the idea of common law meaning that all people were governed by the same law. The due process of law was designed as a reference to the basic principles and rights of the individuals under
trial in order to prevent the misuse of the law. One important thing is that the state or the court cannot transfer one person's property to another.
The due process of law also states the actions that should be taken by…
