Due Process Is the Fundamental Rule - Essay Example

The government must abide by these laws as they help to defend individuals from abuse that might be implemented by the government; furthermore, due process is outlined as the Fifth and Fourteenth Amendments, and being as such prohibits the deterring of due process in a criminal proceeding (Flack, 2010).
The significance of due process to the United States criminal justice system is that it protects criminals from the government. Due process guarantees that no individual is deprived of their rights of life, liberty, or property without first begin given a chance to argue their case (Morrison, 2008). If any of these aspects are at risk of being rid of, then due process is implemented, allowing them first a hearing or trial to determine their side of the case. Due process essentially goes along the lines of “innocent until proven guilty”; unless a person has been indeed proven guilty, they cannot be treated as something other than innocent, meaning that they are entitled to everything that the law offers them.
While some states only allow due process to be implemented for people of the state, many other states allow it to include individuals as well. Read More