Philosophy essays essays

Philosophy essays essays Due process of law is commonly defined as the right of every citizen against arbitrary action by national or state governments. This law was created to protect the personal liberty of every citizen. In court matters involving crime, the state is the party charging the individual with the crime. In often cases, this can be intimidating and imposing to the defendant. The requirements of due process are an attempt to lessen the intimidation and create a more equal environment for the individual and the state. Although this is the common definition of the due process, it has never been defined precisely by the Supreme Court. They have used this to mean, The gradual process of judicial inclusion and exclusion. The fourth, fifth, sixth, and eighth amendments provide for due process of law in several ways. The fourth amendment was designed to protect the people against improper searches and seizures, meaning searches and seizures without a warrant. It also insures that an arrest cannot be made without probable cause, which is to be determined at a later date by a judge or court. Also, it insures through the exclusionary rule that the court can exclude evidence obtained through an illegal search. The Fifth Amendment allows a person being accused of a crime to remain silent and not provide a statement to the police. It also provides all citizens the right to a grand jury. During an arrest or while on trial it gives the defendant the right to not incriminate themselves i.e. testify against themselves. This is also the same amendment that protects double jeopardy, which is being tried more than once for the same crime. The sixth amendment provides all accused persons to the right of co unsel i.e. a lawyer even if they were unable to afford it, one would be provided. They are also granted the right through this amendment to have witnesses questioned at their trial. Also in the sixt ...