Rights of the Accused
... of the Accused
Define due process and its origins
Due process is hailed by conservatives as one of the most noteworthy legal principles emanating from the English common law tradition. The foundations of due process flow from chapter 39 of Magna Carta (1215) that affirms “no freeman shall be apprehended, or detained, or denied his freehold, or proscribed, or expelled, or any way mistreated, except by the legitimate judgment of his peers and (or) the law of this land.” As it materialized from the English tradition, the spirit of “due process of law” is grounded in the right of individuals to be notified of the charges advanced against them (Wilson, 2009).
Since the 19th century, the understanding of...