Justice

PREFACE

When the Constitution was written there were some “rights” which the writers probably believed to be natural to everyone. However, it later became necessary to determine an individual’s right and place them into law because citizens wanted to ensure their “rights” were protected and the government would not have the power to invade their rights. The Bill of Rights (the first ten Amendments to the Constitution) was written to do just that. As written, the Bill of Rights applied only to the Federal Government it did not apply to the States. Much of the Bill of Rights applies to the rights of people accused of crime. Accused citizens have the right to due process of law, a fair trial, freedom from cruel and unusual punishment, and freedom from “double jeopardy”, or in other words being held in jeopardy twice for the same crime. To ensure state governments would not invade the rights of citizens, the Fourteenth Amendment was incorporated. Thus the Constitution guarantees that everyone has freedoms and rights which are protected.

In the following pages issues will be discussed on “due process” and the affects on accused people. Also three (3) landmark Supreme Court cases that deal with our rights shall be examined.

II DUE PROCESS AND RIGHTS OF THE ACCUSED

1. Civil rights are enforceable rights or privileges given to individuals. If these are interfered with by another, it gives rise to an action for injury. “Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places.“1

The Bill of Rights was created as a foundation of our civil rights. Laws guaranteeing civil rights may be written, derived from custom or implied. In the United States most civil rights are written. These rights are relative rather than absolute because they depend on the interpretation of these “rights”. It is the position of the Courts to play a crucial role in interpreting the extent of civil rights.

2. Due Process Clauses of the Constitution. Nearly two-thirds of the Bill of Rights is devoted to the rights of people suspected or accused of crime. The rights include one’s right to due process of law, fair trial, freedom from cruel and unusual punishment, freedom from being tried twice for the same crime (or double jeopardy) and freedom from self-incrimination. The accused has the right to representation (an attorney) and if they cannot afford an attorney, the court will appoint one for them. We have the right to an impartial jury (free from pre-disposed ideas) and the right to be heard in one’s own defense. Laws are written so the average reasonable person can understand what criminal behavior is. Due process is mentioned in both the 5th and the 14th amendments to the Constitution. The 5th amendment was intended to apply to the Federal government and the 14th was intended to be binding for the States.

3. Due process means that members of the government must use fair methods and procedures when enforcing