close
test_template

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

download print

About this sample

About this sample

close

Words: 326 |

Page: 1|

2 min read

Published: Jan 4, 2019

Words: 326|Page: 1|2 min read

Published: Jan 4, 2019

Question 1

'Why Violent Video Games Shouldn't Be Banned'?

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

Get a custom paper now from our expert writers.

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.
Image of Dr. Oliver Johnson
This essay was reviewed by
Dr. Oliver Johnson

Cite this Essay

Due Process, Its Purpose, Significance and Role in the American Justice System. (2019, January 03). GradesFixer. Retrieved March 28, 2024, from https://gradesfixer.com/free-essay-examples/due-process-its-purpose-significance-and-role-in-the-american-justice-system/
“Due Process, Its Purpose, Significance and Role in the American Justice System.” GradesFixer, 03 Jan. 2019, gradesfixer.com/free-essay-examples/due-process-its-purpose-significance-and-role-in-the-american-justice-system/
Due Process, Its Purpose, Significance and Role in the American Justice System. [online]. Available at: <https://gradesfixer.com/free-essay-examples/due-process-its-purpose-significance-and-role-in-the-american-justice-system/> [Accessed 28 Mar. 2024].
Due Process, Its Purpose, Significance and Role in the American Justice System [Internet]. GradesFixer. 2019 Jan 03 [cited 2024 Mar 28]. Available from: https://gradesfixer.com/free-essay-examples/due-process-its-purpose-significance-and-role-in-the-american-justice-system/
copy
Keep in mind: This sample was shared by another student.
  • 450+ experts on 30 subjects ready to help
  • Custom essay delivered in as few as 3 hours
Write my essay

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

close

Where do you want us to send this sample?

    By clicking “Continue”, you agree to our terms of service and privacy policy.

    close

    Be careful. This essay is not unique

    This essay was donated by a student and is likely to have been used and submitted before

    Download this Sample

    Free samples may contain mistakes and not unique parts

    close

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

    close

    Thanks!

    Please check your inbox.

    We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

    clock-banner-side

    Get Your
    Personalized Essay in 3 Hours or Less!

    exit-popup-close
    We can help you get a better grade and deliver your task on time!
    • Instructions Followed To The Letter
    • Deadlines Met At Every Stage
    • Unique And Plagiarism Free
    Order your paper now