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The Importance Of Due Process In The Court System

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Ever wondered how the court systems go about making their decisions and if they are just in doing so? There have been cases where the process of the law has been questioned. These cases can only be straightened out by the due process of law. The guarantee of due process, in the Fifth and Fourteenth Amendments, prevents the government from unfairly depriving individuals of their basic rights to life, liberty, and property. (Strasser) The Constitution only states one rule twice. The Fifth Amendment says that no one should not be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment states the same eleven words. (Strauss) This is called the Due Process Clause. The reason for the clause is so the American government operates within the law. More specifically so the American justice system operates within the law and the constitutional rights of all citizens. The Fifth Amendment holds true in this. This amendment states that no one will be convicted of a …show more content…

Since due process is how we define the order and the correct way of doing things, this is how it applies: In the Terry versus Ohio case, Terry believe that officers should have probable cause before the officer was able to stop and frisk individuals. Under the Fourth Amendment, officers have the right to stop and frisk without probable cause, meaning the process McFadden used was correct. On the other hand, in Miranda versus Arizona, Miranda had not been informed of his right to remain silent before giving his confession of committing the crimes he had been accused of. In turn his confession was not valid. If the officers had used the correct process and made Miranda aware of his right to remain silent, his confession could have been used in trial. Since his confession could not be used, Miranda was not convicted. These, although very different, cases both support that due process holds the upmost importance in

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