Understanding the Concept of Due Process (Essay Sample)

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Discussion: Due Process
Due process is an umbrella term generally referring to all the rights accorded to a person facing a judicial process. It is a component of universal natural justice that has been incorporated into the US law by virtue of the Bill of Rights section in the Constitution. Due process can be categorized into procedural and substantive due process. Procedural due process is what is common and involves the provision of rights under civil and criminal law to persons facing a judicial system. Substantive due process refers to the actual provision under the law and the prohibition against creation of vague laws (Williams 1047).
In the US, the three components of the criminal justice system are law enforcement, the courts and the correctional facilities. When it comes to due process, all the three are bound by the legal requirement to ensure fair treatment of all their subjects at every stage of the process to prevent a miscarriage of natural justice.
For law enforcement, a significant amount of procedural due process is expected right from when a person is suspected of having committed a crime to when they are passed over to the courts. The most common right is embedded in the fifth amendment of the Constitution. All arrested persons have the right to remain silent to avoid their statements being used against them. The Sixth Amendment in the Constitution guarantees persons under arrest the right to an attorney of their choice. These rights; known as Miranda Rights, are so indispensable that the police are mandated by law to read them to every accused person before arrest. Should the police coerce a suspect to give any form of admission or explanation against their will; or without having read them their Miranda Rights; such constitutes a grave miscarriage of justice which may severely affect the outcome of a case. The Fourth Amendment protects a person’s property and right to privacy by outlawing any unreasonable searches and seizures; in the absence of a court-issued warrant or probable cause. A person can sue the state for unlawful search or seizure by police.
In Court settings, due process involves giving an accused person a fair hearing as provided by law. The Sixth Amendment guarantees every person the right to be informed in detail the nature and extent of their charges; the right to be discharged on bail; the right to a speedy trial adjudicated by an impartial jury; the right to bring witnesses and the right to cross-examine the counter-party’s witnesses. Further, every accused person has the right to refrain from testifying and the right to an attorney of his choice or one provided by the state. Failure by the Court to ensure that