Due Process of the Law

Abstract

Even though it aims to provide justice and a fair trial to all without bias, the due process of law has a number of issues that need resolution. This paper aims to review the concept of due process of law and its underlying issues.

Abstractii

Introduction1

Discussion2

Right to due process2

Right to judge predetermined by law2

Right to a fair trial3

Legality of the judgment3

Right to counsel4

Right to use their own language and to be assisted by an interpreter5

The problem of ensuring due process to people5

Conclusion6

References7

Due Process of the Law

Introduction

The due process of law is a guarantee provided by the U.S. Constitution that every proceeding that would be held in lieu of a case would be conducted on a fair basis. Attendants required to be present for the hearing would be notified ahead of time, and the accused would be given a fair opportunity to defend his or her self before his property, life or liberty is confiscated. The due process of law is a part of the 5th and 14th Amendments made in the U.S. Constitution.

The main notion of due process has its roots in the Common Law of Britain. Such was the practices prevalent in England back in the 13th century. The name “due process of law” came about in the 17th century. Further subdivisions include procedural and substantive due process.

The idea of due process, as a concept encompassing a set of guarantees that have litigants when the court action, is so vague and complex that it is difficult by statute or the Constitution to be practically implemented and closed. It can be said that the concept of due process is in accordance with the legal question. Therefore, it is necessary that the magistrate, who presides over a case, will determine the scope or setting of the institution (Orth, 2003).

This paper aims to discuss the concept of due process with a review of its historical background and its implementation in the U.S. Constitution.

Discussion

Right to due process

Given that the state, via the Judicial Branch or Branch takes control and decision on conflicts that have to do with the interpretation or violation of law and that a person of such conflicts may be sanctioned or injured in their interests, it is necessary that in a ruling of law, any judgment must be based on a pre-processed lawfully process that ensures equal privileges for all who act or have a part in it. Therefore, judgments that have not been processed earlier are prohibited. This is especially important in the penalty area. The requirement of legality of the process is also a guarantee that the judge must follow a certain scheme of judgment, and if he is unable to invent procedures to taste with which could create a biased trial, the result would ultimately be a judicial farce.

There is no strict or limited catalog of guarantees that are considered as belonging to the due process. However, in general, the following can be considered as the most important:

Right to judge predetermined by law

The ...