Fundamental fairness is essential to due process in a court proceeding, it creates impartiality within all the parties involved in the process. Fundamental fairness is used a checklist, guaranteeing a balance between the government and the defendant(s). The Bill of Rights under the Fourth, Fifth, Sixth and Eighth Amendments of our Constitution guarantee fairness and due process in all criminal proceedings and also protects a defendant against practices and policies that might violate his/her rights. Fundamental Fairness is the foundation for due process in the judicial system; in the Constitution under the previously mentioned amendments, the government shall not take a person’s life, liberty, or property without due process of law.
What are the various components of due process in criminal procedure?
In the United Constitution due process is mentioned twice, the Fifth and the Fourteenth Amendments; Due Process is an imminent part of our Justice system when someone is denied “life, liberty and property” (Glicksman; Levy, 2010). Based on Judge Henry Friendly’s article “Some Kind of Hearing”, he created a list of ten rules that are required for due process; an unbiased tribunal, where there is no predisposition or preconceived opinion of the case or the defendant. Notice of the proposed action and the grounds asserted for it, all defendants are entitled to know what they are charged with and what the charges are based on. The opportunity to present reasons for the proposed action not to be taken, the defendant has the right to ask the court to suppress evidence and provide a valid reason as of why the court should not take the evidence into consideration in their case.
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