The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.
Due process is also the root of the discovery rules in the United States. It is the notion of fairness that requires that an accused be apprised of the evidence against him/her. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense.
The impact of the 14th Amendment also comes into play when applied to who can fairly preside over a legal issue. Any judge who knows or should know that there may be a question of their ability to fairly preside...
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