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Due Process Rights during Sentencing and Trial
Institution
Date
Introduction
Analysis of the due process rights
How Due process might change during a crisis/emergency
What happens if Due Process Rights are violated?
Conclusion


Running head: DUE PROCESS RIGHTS

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Due Process Rights during Sentencing and Trial
Institution
Date

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DUE PROCESS RIGHTS
Introduction
Criminal defendants enjoy several legal rights and protections, the majority of which
came into place after the ratification of the Constitution’s Bill of Rights. Bergman & Berman
(2018) state that the fourteenth and fifth amendment contains the due process of the law which
must be offered to private citizens by the government in the course of any criminal case. The
right to due process of law offers protection against unsupportable or erroneous attempts to

deprive private citizens of life, liberty, and happiness. These rights protect citizens from both the
state and federal governments.
Due Process Rights during Sentencing and Trial
The Right to Legal Representation
This right comes into place immediately judicial proceedings begin, normally at the
arraignment stage. According to Redish & Karaba (2015), the right to legal counsel is set in the
Sixth Amendment. Where the case has incarceration as a possible punishment, those defendants
who cannot afford to hire legal counsel must be provided with a free one by the state. However,
the defendants have limited rights to represent themselves during the trial. This right must be
approved by the judge. Where the defendant feels that the attorney was incompetent, they have a
right to appeal their conviction. In such a case, they are required by law to prove that the
mistakes which the lawyer made inhibited their right to a fair trial.
The Right to a Public Trial
The right to a public trial is protected by the Sixth Amendment. Bergman & Berman
(2018) postulate that initially, this right ensured that a defendant got a fair and reasonable trial,
but that has been complicated by the presence of the media personnel in courtrooms. Sometimes,

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DUE PROCESS RIGHTS
the publicity that a trial receives means that the individual may not receive a fair public trial.

This situation creates a conflict as the media, victims, and their supporters form part of the public
which is permitted in the courtrooms. To resolve such a situation, judges sometimes limit the
number of people permitted to be in the courtroom. Those persons deemed unruly are prohibited
from attending court sessions while media coverage is restricted. A gag order also ensures that
parties cannot discuss parts of the proceedings with the media. In this way, the right of the
defendant to have a fair trial is maintained.
The Right to Trial by Jury
This right applies to crimes that have been classified as “non-petty.” Brooks (2017) states
that according to the Sixth Amendment, in all criminal prosecutions, the accused has the right to
a trial by a jury. This right is a protection against e...