Due Process, Its Purpose, Significance and Role in The American Justice System

Question 1

Due process refers to a fundamental principle of fairness in all legal related matters, both criminal and civil, especially in the courts of law. In due process, all the procedures set by court practice and statute must be followed for every individual to prevent unequal or prejudicial treatment. The Fifth Amendment of the United States constitution is the universal guarantee of due process. It is of the idea that no person should be deprived of liberty, life or property without the due process of the law (Strauss, n.d).

Question 2

Due process is a central notion in the American criminal justice system. It is a central notion because it ensures fair treatment for everybody regardless of their race, income status, or migration status. In most cases, when people of color, immigrants, and low-income earners get involved in the criminal justice system, their rights are usually ignored or compromised (Strauss, n.d). However, due process ensures that they receive fair treatment throughout their encounter with the criminal justice system.

Question 3

Without due process, the justice system would be full of injustice. For example, the Fifth Amendment requires that a grand jury investigation take place before an individual can be accused of any serious crime. In addition, it also ensures that no individual undergoes a second trial for the same crime (Hall Association, n.d). Without the due process, the justice system might ignore or compromise these rights, leading to unfair trials for the involved persons.

Question 4

Living in a society that does not guarantee due process rights is a bad idea. For example, the due process clause promises that the government must follow fair procedures before depriving a citizen of property, life or liberty (Hall Association, n.d). A society that does not have such rights paves the way for unfair treatment to its citizens. Unfair treatment includes double jeopardy, and sometimes unfair trials for persons of color, immigrants, and low-income earners.

Works Cited

1. Amar, A. R. (1995). Fifth Amendment First Principles: The Self-Incrimination Clause. Harvard Law Review, 108(1), 77–143.
2. Brest, P. (1980). The Misconceived Quest for the Original Understanding. Boston University Law Review, 60(2), 204–238. https://heinonline.org/HOL/P?h=hein.journals/bulr60&i=209
3. Gudridge, P. (1996). The Emergence of the Due Process Clause. The University of Chicago Law Review, 63(1), 1–61.
4. Hall Association. (n.d.). Due process of law. Legal Information Institute. Cornell Law School. https://www.law.cornell.edu/wex/due_process
5. Levi, E. H. (2014). Due process and American exceptionalism. Journal of Law, Culture and the Humanities, 10(2), 316–332.
6. Roach, K. (2018). Due process as fairness. Canadian Journal of Law and Jurisprudence, 31(2), 239–259.
7. Strauss, D. (n.d.). Due process of law. Encyclopædia Britannica. https://www.britannica.com/topic/due-process-of-law
8. Sunstein, C. R. (2001). The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever. Basic Books.
9. Tushnet, M. (2008). The Constitution of the United States of America: A Contextual Analysis. Hart Publishing.
10. Waldron, J. (2008). The Core of the Case against Judicial Review. The Yale Law Journal, 117(7), 1362–1406.