Due Process

Midterm Essay: Due Process

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There are several ways the right to due process can be violated. “Everyone facing criminal prosecution in the United States is guaranteed a constitutional right to due process, meaning that defendants must be afforded a fair opportunity to participate in every stage of criminal proceedings” (Schmallegar, 2010 p. 20). If a persons’ individual rights are violated this could result in several unwanted outcomes, such as a dismissal of all criminal charges and the disregard for substantial evidence.

According to Schmallegar (2010), one violation is the failure to read a citizen their Miranda Rights at the time of arrest. “The Miranda Warning was created in the 1960s to protect the rights of those questioned by the police in a coercive or threatening manner” (“Miranda Warning FAQ n.d.”) If an officer fails to read a defendant their Miranda Rights could result in charges being dismissed. However, if there is enough evidence against the defendant the charges could still stand.

All individuals are given the opportunity to obtain an attorney even if they cannot afford one, one will be provided for them (Schmalleger, 2010). If the state fails to provide an indigent defendant with an attorney, the defendant is more than likely not going to be able to represent themselves. Nevertheless, there are defendants that choose to represent themselves during court proceedings. In this circumstance the individual waives their right to an attorney and no violation of the due process is warranted.

Another possible violation of the law is where all people of interest are considered innocent until proven guilty (Schmalleger, 2010). This means that the prosecution has to prove beyond a reasonable doubt that the defendant in question committed the crime they are being charged with. For example, if the prosecution is unable to do so, then the charges will most likely be dismissed in regards to the due process violation found. If an individual decides...