Due Process

1. Define the characteristics of due process.

What is Due process in the legal system?

Formal Definition. (definition can be cited from different sources, content must include the following)

Conduct of legal proceedings strictly according to established principles and procedures, laid down to ensure fair trial for every accused. Because the infallibility of court judgments cannot be guaranteed, the legal system aims to secure this second-best but possible option. The guaranty of due process means no accused is punished without an orderly and adequate procedure that is applicable uniformly in all cases. Under a due process, every accused gets an advance notice of trial, and an opportunity to be present, to be heard, and to defend himself or herself. It also includes the rights to (1) legal counsel, (2) confront and cross examine the witnesses, (3) refuse self-incriminating testimony, and (4) have a crime proven by proof beyond a reasonable doubt ("What is due process? definition and meaning." xx).

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In your own words explain what Due process means to you? (short explanation of above definition)

To me, due process means innocent until proven guilty. In older times, your fate was decided by whomever was in charge, whether it was the king or dictator. Whatever resolution they came up with was the answer. A person could be beheaded, stoned, or even shot to death. In the case due process, everyone has a fighting chance. We have the right to a fair trial, we have a right to be defended, we don’t have to testify, and we have to be proven guilty.

Give at least two examples of advantages and disadvantages of the due process.

Advantages include:

* It gives an innocent person the chance to go free,

* the people decide the outcome guilty or innocent,

* it also gives the guilty a chance to pay for their crimes.

* It also gives the accused a chance to get the case retried. (Anything along these lines is acceptable)

* when a...