Pros And Cons Of Due Process

The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application. Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their

Then, the court can deal with more important issues, and the efficiency of the court will be improved greatly. Thus, I think that time saving should be considered as an advantage of the tort reform.

No, due process does not violate the fourteenth Amendment of United Stated Constitution in regards to after school detention because the discipline does not “derive any person of life, liberty, or property” (U.S. Const Amend. 14). Detention means “the withholding of what belongs to or is claimed by another” (Dictionary.com). In reference to school discipline procedure a detention is withholding the claim of release from the institution of education set forth by the state’s department of education for minor infraction. Unlike suspension or explosion which infringes upon the liberty of education, the Supreme Court in Goss v. Lopez requires due process proceeding (Goss, 419 US). Since detention occurs after schools the student educational

In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

Shattered is a book written by Debra Puglisi Sharp that tells her scaring story. She was kidnaped, raped and her husband was murdered during the crime. The book focuses on how these events affect her life and that of those close to her, including dragging her family through the trial process. In April 1998, Debra is raped and kidnapped from her home by a stranger. She was then taken to the kidnapper’s home where she was assaulted multiple times and dehumanized, but fortunately, she escaped after five continuous days. Debra did not know that her husband died during her kidnapping. She also discovered that the authorities suspect her of her husband’s murder. After the escape, she experienced different grieving emotions. Even after the capture

Depending on the context, search warrants are a controversy for example; when entering a residence with the correct procedures that the law enforcement officer makes. To get a warrant, officers need consent and signed paper from the judge and with the state attorney. Overall there is the fourth amendment that safeguards the protection of the people and the right to issue a warrant with probable cause.

The Fourth Amendment is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.” In other words, it is against the law for police to search any person without probable cause and an issued warrant. (Cartoon Surveillance) This protects the privacy of the innocent people that may not be considered guilty. However, giving the people a right to a warrant is only giving them an advantage, while the police and the government have a disadvantage. Issuing warrants take away time and privilege for police. Needing a warrant may unable police to some investigations as well. The Fourth Amendment was created for safety and privacy reasons, but has deterred the efficacy of law-enforcement; needing a search warrant makes gathering evidence harder, police investigations have been delayed, and the Exclusionary Rule causes some investigations to be inadmissible.

The Bill of Rights was passed by congress on September 25, 1789 and was ratified on December 15 , 1791. James Madison and George Manson contributed to the bill rights. In the website, “Bill of Rights Institute,” the “Bill of Rights of The United States of America (1791)” explains the history of the Bill of Rights. At first 17 amendments were agreed on at the house but only 12 out of those 17 were approved. From there , only 10 were passed after being sent to the rest of the states.The bill of rights was created because of a conflict between the Anti-federalists and federalists.The federalists agree that a bill of rights was required.

In the United States there are rights that have been established, and has been there in place for a long time now. There are some people that break the laws and commit crimes, these individuals will end up being arrested and will eventually have their case heard before a Judge. In fact, these individuals are called the accused. There are presumed innocent until proven guilty, in the United States Governments. In addition, the accused have human right sustained by the Constitution of America. This analysis will discuss the history of the Bill of Rights and the 6th Amendment, review the meaning and purpose of the 6th Amendment Right to a speedy trial, and discuss considerations used to assess whether a trial has been ‘speedy’.

The Sixth Amendment of the U. S. Constitution, the Speedy Trial Act of 1974 and the states’ constitutional or statutory provisions establish the right to a speedy trial of criminal defendants. In particular, the 6th Amendment’s Clause states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial” (Susskind, 1993).While the U. S. Constitution does not provide a precise frame of time, states’ laws specify the time within which prosecution must try a defendant. However, the computations are so complex that cases are rarely dismissed on the ground of violation of the speedy trial right (Shestokas, 2014). In fact, ironically defendants have to demand a speedy trial for these time periods to run and their

Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights.

not a fundamental liberty interest protected by the Due Process Clause since its practice has

The case starts with the arrest of Clarence Earl Gideon who was charged with breaking and entering with intent to commit a misdemeanor. Gideon was a runaway, having left home around eighth grade he became a drifter. He wandered around from place to place and spent time in and out of prison of prison for many non-violent crimes. He eventually found some part time work at a pool club, the same club room he was accused of breaking into and robbing.

The Hunting Ground is a documentary film that captures students who have been sexually assaulted at their college campus. This documentary specifically focuses on two former University of North Carolina students, Andrea Pino and Annie Clark. They both share the same story of being raped on UNC campus. Throughout this documentary, viewers learn that many sexual assault cases happen on college campuses. However, many of these cases are often ignored by college administrators because universities want to keep rape statistics low and they have an financial incentive to do so.

For many decades, the victim was the forgotten party in the criminal justice system as the main focus was that the perpetrator of a crime should be punished. But the victims of crimes stand poised equally in the scales of justice as the victim is not a passive object but an active component of the whole judicial process. The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.