Abstract
The paper outlines the concepts of due process and crime control in the United States. The paper offers a look at the evolution of American criminal procedure during the 20th century and shows how it illustrates the development of a balanced approach to criminal justice administration that considers both the due process and crime control perspectives. The paper argues that both crime control interests and the principles of due process represent valid considerations for the administration of criminal justice. The paper considers the practical realities of living in a society where the crime control approach dominated versus a society with excessive emphasis on due process. The paper highlights the much greater importance of the due process perspective, where society avoids the erroneous convictions of a single innocent even at the expense of many failed prosecutions of the guilty.

Outline:
Introduction
Due Process in Contemporary American Criminal Justice
The Crime Control Approach to Criminal
Balancing Due Process and Crime Control in Modern Law Enforcement
Recommendations and Conclusion

From the Paper
"The principal competing considerations within the realm of law enforcement in society are the benefit of society versus the rights and freedoms of the individual (Taylor, 1980; Zalman, 2008). In that regard, the most effective means of eliminating crime from society would be to ignore the rights of individuals accused of crimes and err strongly on the side of over-enforcement, such as by allowing police to conduct searches on mere suspicion and subjective belief. That approach would simply consider any inconvenience to the innocent and the erroneous punishment of those prosecuted wrongfully as an appropriate price of enjoying the many benefits of a crime-free society."

Tags:Constitution, trial, guilt, prosecution, exclusionary, rule, Miranda, Weeks, Supreme, Court

Abstract
In this article, the writer discusses that the Constitution of the United States of America guarantees each citizen due process of the law, regardless of presumed guilt. The writer first describes the concept of due process. The writer then defines the adversarial system and identifies the rights of the accused. Further, the writer describes the process after a crime has been committed through post-arrest procedures. The writer concludes that it is imperative for the Constitution of the United States to be upheld and that denying an individual of their due process in any stage of an investigation, trial, or appeal, may set a guilty man free or lock up the innocent.

Outline:
Rights of the Accused
The Process of Due Process
Conclusion

From the Paper
"Every individual being accused of any violation of the law has certain rights that must be respected. If these rights are not respected, the investigation and prosecution may be jeopardized. If an officer of the law obtains certain evidence without a search warrant, that evidence is not admissible in court. If a person gives a confession without being advised of their rights, that confession means nothing. Throughout the U.S.'s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process."

Tags:constitution, rights, trial, accused

Abstract
In this article, the writer discusses due process of the law, which is a term that has been used for many years. The writer notes that the general principle of this term is that everyone is entitled to a day in court when he or she has been accused or charged with a violation of the law. In addition, the due process of law mandates the belief that each person's case should be fully explored and heard before any judgment is rendered with regard to that case. The writer explains that the due process of law protects people from being deprived of their life, liberty or property as well as any rights that have been given to them by legislation or statute. The writer concludes that with illegal immigration being a hot topic throughout the nation it is important to understand how due process and equal protection of the law impacts those immigrants.

Outline:
Equal Protection of the Law
Conclusion

From the Paper
"This is interesting because for many years after the development of the constitution, African Americans were not treated equally. When they finally one the right to vote, their vote only counted as two thirds of a whole vote and they were allowed to be forced to sit at the back of the buses, and sent to Black only schools and other places that were designed specifically for that race. When it came to the law they were also discriminated against as they were treated differently in courts and jails and not afforded the same right to jury trials as their white counterparts were."
"Eventually this was challenged enough times that law makers made it clear all people meant all people, not just whites, or men or a certain economic group. It meant each and every person is to be afforded the same protection by the same laws."

Tags:court, violation, judgment, justice

Abstract
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."

Tags:evidence, trial, court, law, enforcement

Abstract
Summarizes and analyzes the Due Process Clauses of the U.S. Constitution. Historical evolution of the Fifth and Fourteenth Amendments. Interpretations by the U.S. Supreme Court. How the due process clause was used to expand American civil liberties. Substantive due process and the protection of private property. Modern concepts. Table of Authorities.

From the Paper
"HISTORICAL EVOLUTION OF THE DUE PROCESS CLAUSE

This research paper outlines, summarizes and analyzes the historical evolution of the Due Process Clause(s) of the U.S. Constitution. The interpretations given by the American Supreme Court to these clauses in the Fifth and Fourteenth Amendments have served significantly to adapt the Constitution to changing conditions. During the first 100 years of the Republic, the Due Process Clause was interpreted narrowly as a procedural safeguard and contributed little to the resolution of the principal jurisprudential problem, the adjustment of the relations between the national and state governments. During the period 1890 to 1937, substantive due process largely in the service of private property and commercial interests and later as a tool for delineating the contours of the welfare state helped define the ..."

Abstract
This essay provides a brief discussion of due process as guaranteed to school teachers under the Fourteenth Amendment of the U.S. Constitution, including differences in due process due to type of school or type of teaching position held.

Tags:liberty, property, free speech, procedural, substantive, law, education, teaching, parochial, charter

Abstract
The paper explains that a strict crime control focus in penal regulation could virtually ensure the complete elimination of crime in society as well as certain punishment for all violators. The paper explains further that to balance this, the due process perspective prohibits deprivation of the individual's property or liberty without established procedures or processes governing the proper exercise of police authority.

Outline:
Introduction
Balancing the Interests of Crime Control and Due Process

From the Paper
"In principle, crime control and due process are two opposite philosophical perspectives about crime prevention and punishment in society. However, in practical application, each point of view contributes valuable elements to any system of justice. Without fundamental aspects of crime control, effective policing and prosecution of penal violations would be all but impossible; but without due process protections, everyone in society - both criminals and non-criminals - would be subjected to intrusive state actions with little regard for personal privacy or even the sanctity of one's home.'

Tags:civil, liberties, defendants, conviction

Abstract
This paper shows how the rights to due process is an inalienable human right. Various landmark cases are presented to reinforce the statement that "due process" is guaranteed by the Bill of Rights and the United States Constitution. Includes cases that date back to Barron vs. Baltimore of 1833 all the way to present day court cases.

From the Paper
"Due process is a major fabric in the quilt of the United States Constitution. It is an important right, which without it the United States would be similar to other countries that lack the Constitutional protections that we offer. The Due Process Clause of the Fourteenth Amendment is a major fabric that is of utmost importance because it places limitations on the government from taking our life, liberty and property without a trial or investigation. Protection of liberty is what the 14th and the 5th amendment is trying to protect based on the natural law traditions. Natural law is the tradition that humans have inalienable rights that cannot be taken by the government or any other entity, public or private. The historical traditions that go back to the days of the Hamurrabi codes have shown that there must be some type of timely manner and notification before the government can take any of your inalienable rights."

Tags:constitution, equal, legislation, hamurrabi, barron, baltimore, munn, slaughterhouse

Abstract
The paper explains that the due process law, as stated in the 14th and 5th Amendments, requires a thorough evidentiary hearing before a person can be deprived of benefits. The paper describes the due process law as ensuring that when the government, whether federal or state, decides to terminates a person's entitlements, he/she will be given an opportunity to use his/her legal rights in the most suitable manner to defend his/her position. The paper examines evidentiary hearing and what the court's opinion has been on the deprivation of benefits. The paper also looks at the landmark Goldberg vs. Kelly case.

From the Paper
"While the Fourteenth Amendment expressively mentions states, the Fifth Amendment deals with due process law in federal context. Now that we know that a person cannot be deprived of benefits without due process of law, it is also important to mention here that an essential component of due process is evidentiary hearing. This was decided by the Court in the landmark case Goldberg v Kelly (1970). This allowed evidentiary hearing to become an important part of the rights granted to a citizen under due process law. The two important questions that are answered in evidentiary hearing are concerned with jurisdiction and presence of probable cause. Jurisdiction question can be settled easily while probable cause requires further explanation."

Tags:federal, state, Goldberg, Kelly, entitlement

Abstract
This paper discusses the War on Terror and the number of issues that have been raised vis-a-vis how Americans should treat suspected terrorists. The paper provides an explanation of three different approaches to providing due process to these terrorists and suggests that a compromise approach should be followed. The paper describes each approach and describes the suggested compromise.

From the Paper
"As suggested above, a careful regard for the procedural rights of suspected terrorists - their "Due Process" rights - is vital inasmuch as it sends a message to critics both within and without America that the world's great superpower is committed to doing the "right thing" and not merely the expedient thing. Needless to say, projecting this image goes a long way towards solidifying international support for U.S. military operations abroad and it also goes a very long way towards ensuring that other nations will be more cooperative in "rooting out" terrorist elements within their own states - both developments which will necessarily bolster U.S. security. But more than that, America is in a position where it can protect the procedural rights of terrorist operatives without bequeathing to those individuals the sorts of privileges and prerogatives normally available to an American citizen accused of a criminal offense in the United States."

Tags:military, federal, prisoners, rights