Amendments and Due Process - Essay Example

Amendments and Due Process The United s constitution provides fundamental rights to the individuals accused of or federal crimes and states the due procedure to govern various courts in execution of crimes (Cornell University Law School, Nd.). Due process of the law is a constitutional assurance that the legal trial will be fair and just and that the accused person will be given notification of the trial and a chance to be heard before the government decides to take away one’s life, property or freedom (Thomson Reuters, 2014). The constitution assures the suspects the implementation of law shall be logical, rational and reliable. This document examines the procedural due process and how it influences the application of criminal justice system. The objective of criminal legal procedure is to attain justice through protection of the rights of the accused person and ensure safety of the society (Joyce, 2000). The first ten amendments of the US constitution (the Bill of Rights) protect the rights of the accused person and ensure they are given fair and just trial. The legal system is a dynamic in nature and sometimes can be very confusing to those who are not familiar with the system. The legal procedure applied in criminal justice varies with state and context (Cornell University Law School, 2014). The bill of rights issues guidelines for legal process in the criminal procedure. Criminal cases can be handled either in the federal or state court depending on whether the case violated federal or state laws (National Paralegal College, 2007). Different states have distinctive court system though they all have four levels of courts arranged in hierarchical order. These are the court of limited jurisdiction, court of original jurisdiction, courts of appeal and the Supreme courts. Each state has at least one district court. At the federal level, criminal cases procedure starts at one of the 94 US District courts. The federal Court of Appeal deals with appealed cases only. The supreme court of United States is the court of highest rank and it handles selected cases from both federal and state courts depending on the importance of the issue in the case (Thomson Reuters, 2014). The fourth constitutional amendments restrict all ranks of government against unjust or arbitrary denial of the individuals of their constitutional rights to freedom, liberty or property. It provides individuals with protection against arbitrary search, apprehension and confiscation of property by the government (Cornell University Law School, 2014). Furthermore, the amendment prohibits the government from conducting unnecessary wiretaps, safety inspection and other practices of investigation. The goal of the amendment is to protect individuals privacy and against government invasion. The right and freedom to privacy can be deprived in case of abandoned property or luggage, in circumstances where the government is involved in an open field gathering of information and in situations where the searching officer has search warrant and where the suspect does not object the search of information (WGBH Educational Foundation, 2014). The Fifth Amendment safeguards individuals against deprivation of property, life or liberty without following due legal procedure (Anonymous, Nd). It guarantees right to competent and fair hearing by a grand jury, protects individuals against self-incrimination and protection against double charge for the same offense. This amendment controls the powers of the federal government and is only applicable to the conducts of the federal government (Thomson Reuters, 2014). The due process clause requires the government to recognize and respect all individuals’ rights provided for by the US constitution. The sixth amendment of the constitution provides the accused person with right cross-examine the witness counsel of prosecution, the right to public and speedy trial without preventable delay, right to be represented by attorney, fair trial, right to be informed of the accusers and crime they are accused of (Joyce, 2000). Under eighth amendment the accused person is protected against harsh and uncommon punishments, extreme fines and bails which is mostly applicable during the confiscation of property. In the case of United States v. Bajakajian, 524 U.S. 321 (1998), the court issued that it was unlawful to seize property worth $357,144 from Bajakajian who had failed to report the custody of about $10,000 at the time he was departing the United States. The judges in the Supreme Court issued a rule dealing with violation of Excessive Fines Clause and claimed it was unreasonable to collect all the amount of money the offender was intending to smuggle out the United States. The court considered such an act as cruel and unusual punishment imposed on the offender. In the case of Coker v. Georgia, 433 U.S. 584 (1977), the court stated that it was illegal and excessive penalty for the court to impose death penalty on the offender for engaging in a crime that did not result to death of the victim. Therefore, eight amendments require the punishment inflicted on the offender not to exceed the injuries or damages caused to the victim of the offender. The fourteenth amendment limits the powers of the state because it declares that no state shall deny any person of their liberty, life or property without proper legal process. The fourteenth amendment protects the Bill of Rights thus inclusive of the protections applicable to the federal government (Anonymous, Nd). The notion of due process is applicable to both state and federal government. Therefore, the state or federal government cannot deprive any individual of their freedom, property or life without proper legal process and an opportunity for the individual to defend themselves against the allegations leading to their accusations. Due process has two aspects; the substantive and procedural due process. The substantive due process protects the fundamental rights that are contained in the perception of ordered liberty (Joyce, 2000). On the other hand, procedural due process aims to guarantee essential fairness by assuring a party the freedom to be heard by providing them with adequate notification during litigation and by ensuring the presiding court follow proper jurisdiction to deliver ruling. Procedural due process is a facet of Due Process Clause that defines the process of apprehending and putting on trial the person accused of crime. It stipulates the government action that denies the accused person of their liberty, life or property (Cornell University Law School, Nd.). The procedural due process restricts the power of the government by issuing guidelines they should follow in both criminal and civil cases. In circumstances where an individual feels his or her rights to life, property or freedom have been deprived the court shall determine the rights that have been violated and what procedure protection should be accorded that individual (National Paralegal College, 2007). The rights and freedoms provided for in the Procedural Due Procedure includes freedom from arbitrary search and confiscations of property, freedom from self-incrimination, freedom from being subjected to more than one trial for the same offense, freedom from torture and unfamiliar penalties, right to be informed of the crime one is being accused of, right to speedy and public hearing by an fair bench, right to reexamine the witness, right to be represented by attorney and the right to plea the state to prove any charges (Anonymous, Nd). The Procedural Due Process offer protections to various rights and freedoms envisaged in the Bill of Rights of the US constitution (Thomson Reuters, 2014). The objective of the law is to avoid punishing an innocent person as much as possible and ensure the offenders are charged for their crimes. This upholds the principle that the accused person must be proven guilty beyond any reasonable doubt otherwise they remain innocent. In the case of gideon v. wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963), the court issued that the Due Process Clause contained in the sixth and fourteenth amendments were applied. The amendments provide the accused with rights to have an attorney and rights to legal counsel and ensure a fair criminal procedure is followed during the trial process. The Procedural Due Process protects individuals from the actions of the government in civil circle including personal property, land, entitlements, and government provides benefits such as licenses, benefits and positions. In the case of Goldberg v. Kelly, 397 U.S. 254, 90 S. Ct. 1011, 25 L. Ed. 2d 287 [1970], the court stated that federal government hold trial before dismissing welfare benefits. The court’s judgments about procedural due process have influence over government practices in public employment, schools, civil cases and social security. The right of the accused to stand trial depends on the state of his or her mind during the trial period (Cornell University Law School, 2014). The low-level standard re requires the accused person to understand the court proceedings including the knowledge of crime they are accused of, the role of defense attorney, the roles of prosecutor and judge and should have capacity to assist the attorney in the defense (Joyce, 2000). The right to speedy hearing cannot be assured in a situation where the accused if found to be of unsound mind. In a recommendation by a psychiatrist or medical practitioner the accused person should be taken for treatment or under supervision of the medical experts for a certain period until such a time when the psychiatrist are convinced they accused is ready to face the trial (National Paralegal College, 2007). Under such circumstances the accused person may not enjoy the right to a speedy trial envisaged in the constitution. Some rights conferred on the accused person should be revoked any time. For example, the rights protecting the accused against arbitrary search and seizure of goods in order to protect the privacy of individuals should be revoked (WGBH Educational Foundation, 2014). The police officer is required to have a search warrant before they can execute the search. Such requirements can cause unnecessary delay thus giving the suspect an opportunity to tamper with the evidence. Revocation of the search warrant can enable the police officer to conduct the search immediately without giving the suspect an opportunity to interfere with exhibit thus enabling the officers to gather evidence for prosecuting the offender (National Paralegal College, 2007). The procedural due process ensures that suspects are given fair hearing and an opportunity to stage strong defense against prosecution force of the government. It has strengthened the criminal justice system by ensuring the offenders are given the punishment they deserve in relation to the crime committed (Anonymous, Nd). Therefore, procedural due process ensures the accused person is not falsely accused and ensures those found guilty are punished for the offenses. Since the accused person is guilty only if proven beyond any reasonable doubt the procedural due process ensures appropriate procedure to determine whether the suspect is guilty of the alleged offense and the punishment they deserve for the crime (WGBH Educational Foundation, 2014). However, sometimes unnecessary delays during application of the legal process can hinder effective implementation of the criminal justice system due to lack of adequate evidence to prosecute the offender. In conclusion, the criminal justice system establishes the procedure for dealing with criminal cases. The procedural due process stipulates the rights and freedoms of the accused and the procedure for prosecuting criminal cases. The procedure protects the accused person against excessive powers of the government and ensures individuals are given fair trial and punishment they deserve according to the nature of crime. However, some protections such as freedom from arbitrary search and seizure of goods hinder the effort of police officers to gather sufficient evidence to prosecute the suspect. References Anonymous. (Nd). Criminal Procedure. State Laws Legal Information Institute. Retrieved on November 17, 2014 from Coker v. Georgia, 433 U.S. 584 (1977) Cornell University Law School. (Nd.). Criminal procedure. Legal Information Institute. Retrieved on November 17, 2014 from Cornell University Law School. (2014). Criminal Law Lawyers Criminal Procedure. Criminal Law Lawyer Source. Retrieved on November 17, 2014 from gideon v. wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) Goldberg v. Kelly, 397 U.S. 254, 90 S. Ct. 1011, 25 L. Ed. 2d 287 [1970] Joyce, B. (2000). Democracy Speaks Through Criminal Law? Yale-New Haven Teachers Institute. Retrieved on November 17, 2014 from National Paralegal College. (2007). Procedural Due Process. Retrieved on November 17, 2014 from Thomson Reuters. (2014). Annotation 12 – Fifth Amendment: Procedural Due Process. Retrieved on November 17, 2014 from < http://constitution.findlaw.com/amendment5/annotation12.html> United States v. Bajakajian, 524 U.S. 321 (1998) WGBH Educational Foundation. (2014). Competency to Stand Trial. Retrieved on November 17, 2014 from Read More