Due Process

The start of the due process can be dated back to 1215. The Magna

Carta was resurrected by Sir Edward Coke in the 17th century. Law

students like Thomas Madison, John Adams and Thomas Jefferson learned

of the common law. Those common laws later were expanded from

England’s Magna Carta. The U.S. Constitution and the Bill of Rights

serve similar roles in protecting individual freedoms. When Sir Edward

Coke left England for the new world, they brought drafts of the Magna

Carta to establish the colonies. They figured the colonists would

have all their liberties as England. According to Williams, R. C.

(2010), “By the end of the seventeenth century, some version of the

Magna Carta law-of-the-land formulation had been incorporated into the

fundamental laws of the majority of English colonies in

America.”(p.435). The rights of accused gave people the security

against any unreasonable searches and seizures. The federal police

cant search your home without a warrant. No individual can be held

punished for a crime twice. A person can’t be a witness against

himself. People have the right for a speedy trial. The Constitution

states in the fifth and fourteen amendments “Due Process” that

promises of protections of the Bill of Rights in which gives citizens

rights against federal and state governments. Individual rights are

protected by the legal system even though the person may have been

accused of a crime.

An accused is guaranteed certain rights to ensure due process.

People can’t be held indefinitely without being formally charged with

a crime. The Sixth Amendment ensures that the accuser is informed of

the charges and guaranteed the right to a lawyer.