Due Process

Paper Summary:

In this article, the writer looks at due process, which is one of the most important founding principles underlying the U.S. criminal justice system. The writer explains that due process derives from the Fifth Amendment to the Constitution, which applies to federal government action and has traditionally been applied identically to state actions by the identical provision contained in the Fourteenth Amendment. The writer discusses that due process also requires grand jury indictment, and prohibits double jeopardy and compelled self-incrimination, and therefore, is one of the most influential concepts defining criminal procedure in the enforcement of penal laws in the U.S.

Outline:
Introduction
Striking a Balance between Two Important Principles
Conclusion

From the Paper:

"Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of innocent citizens to be free from unrestricted searches and seizures and compelled confessions. Under British rule before the Revolution that established a sovereign United States, citizens were subject to unwarranted searches of their property and seizure of their persons for suspicion of criminal conduct without the need for justification on the part of government agents. This experience under British rule was incorporated into the U.S. Constitution and its subsequent amendments, including the Bill of Rights, precisely to provide the protection of citizens against unrestricted governmental police powers.
"Unrestricted police powers might, in principle, allow for the highest level of crime prevention and prosecution, but at a very steep cost, because virtually any police action would be permissible, including searches and apprehension, detention, and imprisonment without any justification, based solely on the suspicions, or even the whims, of government agents. Excessive protections of individual rights would prohibit the investigatory, arrest, and prosecutorial functions necessary to enforce the laws of society.
"The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct."

Sample of Sources Used:

• Dershowitz, A.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
• Schmalleger, F. (1997) Criminal Justice Today. New Jersey: Prentice Hall.

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