Topic > Due Process, Purpose, Meaning, and Role in the American Justice System

Question 1 Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Due process refers to a fundamental principle of fairness in all legal matters, both criminal and civil, especially in courts of law. In due process, all procedures established by judicial practice and statute must be followed for each individual to prevent unequal or prejudicial treatment. The Fifth Amendment to the United States Constitution is the universal guarantee of due process. He is of the view that no person should be deprived of liberty, life, or property without due process of law (Strauss, n.d.). Question 2 Due process is a central notion in the American criminal justice system. It is a central concept because it ensures fair treatment for all, regardless of race, income or immigration status. In most cases, when people of color, immigrants, and low-income people become involved in the criminal justice system, their rights are usually ignored or compromised (Strauss, n.d.). However, due process ensures that they receive fair treatment throughout their encounter with the criminal justice system. Question 3 Without due process, the justice system would be full of injustice. For example, the Fifth Amendment requires that a grand jury investigation take place before an individual can be charged with a serious crime. Furthermore, it also ensures that no individual is subjected to a second trial for the same crime (Hall Association, n.d.). Without due process, the justice system could ignore or compromise these rights, leading to unfair trials for those involved. Question 4 Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay Living in a society that does not guarantee the right to due process is a bad idea. For example, the due process clause promises that the government must follow fair procedures before depriving a citizen of property, life, or liberty (Hall Association, n.d.). A society that does not enjoy these rights paves the way for unfair treatment of its citizens. Unfair treatment results in double jeopardy and sometimes unfair trials for people of color, immigrants, and low-income people. Works Cited Amar, A. R. (1995). First principles of the Fifth Amendment: the self-incrimination clause. Harvard Law Review, 108(1), 77–143. Brest, P. (1980). The mistaken search for original understanding. Boston University Law Review, 60(2), 204–238. https://heinonline.org/HOL/P?h=hein.journals/bulr60&i=209Gudridge, P. (1996). The emergence of the due process clause. The University of Chicago Law Review, 63(1), 1–61. Hall Association. (n.d.). Due process of law. Institute of legal information. Cornell Law School. https://www.law.cornell.edu/wex/due_process Levi, E. H. (2014). Due process and American exceptionalism. Journal of Law, Culture and the Humanities, 10(2), 316–332. Roach, K. (2018). Due process as equity. Canadian Journal of Law and Jurisprudence, 31(2), 239–259. Strauss, D. (n.d.). Due process of law. Encyclopedia Britannica. https://www.britannica.com/topic/due-process-of-law Sunstein, C. R. (2001). The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More Than Ever. Basic Books.Tushnet, M. (2008). The Constitution of the United States of America: a contextual analysis. Hart Publishing.Waldron, J. (2008). The core of the case against judicial review. The Yale Law Journal, 117(7), 1362–1406.