es that may be usedby government when interfering with life, liberty, or property. Theconstitution provides a number of due process rights in amendments fourthrough eight.
Due process is a very important factor in a free society. Without these restrictions on the powers of law enforcement agencies andcourts, innocent people would be deprived of very important rights with nocause. The English law developed the right to a “speedy and public trial. “The Magna Carta helped establish this right and in the centuries thatfollowed this developed to include trial by jury. A lot of the rightsguaranteed to us by the constitution were adopted from the English law. Dueprocess rights are divided into three parts, before a person is accused,during trial, and after sentencing.
Before a person is accused of a crime, in order to find evidence thepolice usually searches the individual’s property and or body, then whatever evidence is found the police seizes to use during trial. The policemust have a warrant to search and seize anything. To obtain that warrantthe police must go to a judge and she or he must sign the warrant. If a lawenforcement agent is present in a room where an arrest is being made andsees something incriminating in plain view he or she may seize it to use inthe court.
Also an accused has the right to remain silent and to have alawyer present during the police interrogation, if the individual cannotafford a lawyer one will be provided for him, also the accused must beinformed that anything he or she say could be used against him or herduring trial. The suspect must be informed of all the aforementionedrights; those are referred to as Miranda rights. While being held incustody, an accused must know the reason for being held (habeas corpus) andhe or she may not be punished or tortured to answer questions (cruel andunusual punishment. )The Constitution protects an accused person’s rights while he or sheis on trial. An individual deserves a trial as soon as it is requested andmay not be held in jail for a long period of time if a speedy trial isrequested.
A trial may not be secret, if the government wants to try youthey must do so open to the public and there must be a public record of theproceedings. The jury, one is tried before must be impartial. The trialmust take place in the state, district, or community the crime wascommitted. If it is proven the community might be prejudiced the trial maybe moved to a different location.
You must be informed of charges broughtagainst you. You have the right to confront the witnesses against you andno testimonies of secret witnesses may be presented in court. You may haveyour own witnesses present, if they do not wish to appear at the trial, thecourt will force them to do so. And the most important one is thegovernment can’t prevent you from having a lawyer to defend you.
After youhave been sentenced you may appeal to a higher court. The government maynot try you for the same crime twice (double jeopardy). Throughout the years many cases have reached the Supreme Courtregarding Due Process of law. Cases such as Escobedo v.
Illinois, Gideon v. Wainwright, Mapp v. Ohio and Powell v. Alabama are perfect examples.
InEscobedo’s case the Supreme Court held that the denial of Escobedo’s rightto counsel and the failure to inform him of his right to remain silent wasunconstitutional. In Gideon’s case the Court ruled that all states mustprovide an attorney in all felony and capital cases for people who cannotafford one themselves. In Mapp’s case, it was decided that Mapp’s fourthamendment right to be secure from search and seizure was violated. InPowell’s case, the Supreme Court determined “that because the defendantswere ignorant, illiterate, and young; surrounded by public hostility; underclose surveillance by the military and in deadly peril of their lives; thefailure of the trial court to give them reasonable time and opportunity tosecure counsel and prepare for trial was a clear denial of due process. “Every person’s rights to due process are very important and theframers of the constitution realized this from their experience with adifferent type of government and from their past. All branches ofgovernment are limited by the due process laws.
The constitution restrictsthe government’s power and assures that every person is guaranteed a fairprocess of law.
