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Unit 3 ip Introduction to American Court System - Essay Example

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Although, initially it was applicable to Federal Government however later on through different Supreme Court decisions, it was…
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Unit 3 ip Introduction to American Court System
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First is the right to the indictment by Grand Jury granted in Fifth Amendment under which no person is held to answer for a capital or infamous crimes until they are indicted by the Grand Jury? This protection to the people with criminal offences has been given under Fifth Amendment along with other protections given. It is however, important to note that this has not been incorporated for the States and as such offenders at the State level may not be able to enjoy this protection under the Bill of Rights. It is however, critical to note that this right has been held but not fully incorporated for States as per various decisions of Supreme Court.
The right to select jury from the residents of the state and district where the actual crime took place has also not been incorporated for States. Under the Vicinage Clause, it was held that this right has not been incorporated under the 14th amendment and that the criminal offenders may not be getting this protection.
Protection from excessive bail/fines has also not been incorporated for States therefore criminal offenders enjoying this under the Bill of Rights may not be able to claim privileges under this protection granted in Bill of Rights.
Essentially, due process can be divided into two important categories i.e. procedural as well as substantive. Substantive due process actually refers to the rights available to a citizen against the laws which may be biased or discriminatory in nature. These laws can be unfair generally or may favor one group over another group and thus may not allow correct dispensation of justice to all. It is critical to note that courts in the past have terms laws unconstitutional which were discriminating people from one another. Supreme Court, in various cases, have termed the laws which differentiate between people based upon their sexual orientation as illegal as such laws preferred one group over another. Laws on ...Download file to see next pagesRead More
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