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Due Process Pros And Cons

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Due process was adopted only a couple of years after the ratification of the constitution in 1791, but the first law was passed in 1354. This had to do with the Magna Carta and the due process clause of the 5th Amendment. In this essay, we will talk about what and where due process is, how the 14th Amendment prevents discrimination, and due process with minors. Within the law of due process, there are 2 types of systems and 1 implied system. The 2 types of systems are substantive, procedural, and implied incorporation systems. Due process is extremely important, but does it serve everyone justice? In the United States, we use the adversary system. It consists of 2 opposing systems and 1 implied. Substantive due process is when the court can …show more content…

Some of the major rights included are the right to an impartial jury, the right to an attorney, and no unreasonable searches or seizures. The book We The People…The Citizen and The Constitution describes the due process foundation, “The government must prove that the defendant is guilty, the defendant is not required to prove his or her innocence. The idea of ‘innocent until proven guilty’ is the foundation of all other due process rights” (Center for Civic Education 171). The due process clause is in the 5th and 14th Amendments, but other due process rights are mentioned in the 4th, 6th, and 7th Amendments. The due process clause in the 5th Amendment only applies to the federal government, so the clause was added to the 14th Amendment to apply to the state …show more content…

We do not agree with these unconstitutional procedures. Currently, juvenile courts must afford minors basic constitutional protections such as advance notice of charges, the right to counsel, and the right to remain silent. An example of a needed right for minors is shown in the McKeiver v. Pennsylvania case. As a result of this case, adolescents were being deprived of the right to trial by jury, contradicting the 6th Amendment. The Supreme Court, during the case, said, "But one cannot say that in our legal system the jury is a necessary component of accurate factfinding." (“Oyez'' 1). The jury is a necessary component and minors should get equal

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