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Rights of Accused
One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.
Origin of the Due Process:
The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the first time with regards to the rights of ordinary individuals where the government i.e. King John of England was brought under law i.e. becoming the subject of the law of the land. Through...
The introduction of the due process of law was the origin of the concept government under law rather than government by law, which was commonly used before the introduction of this phrase.
Since then, the concept has been interpreted over the centuries including the two due process clauses i.e. The Fifth and Fourteenth Amendments in the U.S. Constitution. The two clauses have proclaimed that no individual may be deprived of life, freedom, property, or other essential privileges, rights, or immunities. As a result, an individual may only be deprived of these privileges or rights through an essentially rational law that is applied in an essentially fair proceeding. The modern interpretations of the due process of law are not only entrenched in the U.S. Constitution but they are also found in various state constitutions (Carey, 2011).
Due Process and the Rights of Accused:
As entrenched in the Constitution of the United States, the due process of law provides protections to people in…
References:
Carey, G.W. (2011, October 5). Due Process. Retrieved March 15, 2013, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&loc=r
"Due Process -- Rights of the Accused." (n.d.). The Lawternative -- Your Alternative to High-priced Lawyers. Retrieved March 15, 2013, from http://www.thelawternative.com/index.php/law-library/criminal-dui-law/due-process-rights-of-the-accused
Johnson, B.D. (n.d.). Due Process of Law. Retrieved March 15, 2013, from http://www.jurlandia.org/dueprocess.htm
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Rights of the Accused The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause
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