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CRJ 301 WEEK 1 DQ 2 ( Due Process )

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What is due process and what is its significance to the United States’ criminal justice
system?
Response 1
Due process assures all people under the constitution that they will be treated with fairness
under the law. It assures all persons some basic rights under the 5
th
and 14
th
amendments.
The amendment’s guarantee that all people will be treated with fairness under the law on
both a federal and state level. It prevents the government and its representatives from taking
advantage of individuals and their basic and fundamental rights. Those rights are not to
deprive an individual of life, liberty, property or deny that person under the equal protection
under the law. Basically, due process protects the people from being wronged by
government or it representatives.
The significance of due process is the assurance the constitution provides the people from
unfair or unequal treatment by the government on federal and state level. The mistreatment
can be physical abuse, the unjust depravation of liberty or property, or failing to provide a
person their equal protection under the law. A good example of unjust depravation liberty is
Bolling v Sharp, 347 US 497 (1938). Basically, African American children were denied
attendance into public school in Washington D.C. because of their race. “The Court found
that racial discrimination in the public schools of Washington D.C. denied blacks due
process of law as protected by the Fifth Amendment.” (Anonymous, 2012) Civil rights
covered under the 5
th
and 14
th
amendment extended beyond criminal law, as can be seen
with above case law. The government cannot under any circumstances violate an
individual’s due process rights even in civil m.
Bolling v Sharp, 347 US 497 (1938). Retrieved from http://www.oyez.org/cases/1950-
1959/1952/1952_8/
Response 2
Due process is defined in our text as a basic constitutional principle based on the concepts
of privacy of the individual, limitations on governmental power, and a safeguard against
arbitrary and unfair governmental actions. Due process includes the basic rights of a
defendant in a criminal proceeding. (Wallace & Robinson. Page 21)
I have mixed emotions about due process. I do believe that everyone regardless of criminal
nature has the right to basic human decency. I do understand that in the criminal world even
those accused of the ugliest of crimes are still very much entitled to some “rights”. I recently
read an article in my local newspaper and it was very lengthy and the concern was the
amount of time it takes Illinois crime labs to process various items related to various crimes.
One of the things a defendant is entitled to is a “speedy trial” if they so choose. The “speedy
trial” rule in Illinois is that a defendant has the right to trial with 120 days. According to the
article I read the crime lab has had a process time of 6 months of more some cases and
unfortunately sometimes that means the defendant can be released on a technicality even if
they are guilty. I really do believe in the judicial system, but it only works if all its parts work
too. Due process is important for many reasons; it is unfortunate when it also saves the
guilty. I do understand that this is not the basis for due process, but it was ironic when I sat
down to do my assignment that the article was published. It gave me many things to think
about.
Bartollas, C. & Miller, S. (2008). Juvenile justice in America (6th Ed.). Upper Saddle River:
Pearson Education.

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What is due process and what is its significance to the United States' criminal justice system?? Response 1 Due process assures all people under the constitution that they will be treated with fairness under the law. It assures all persons some basic rights under the 5th?and 14th?amendments. ?The amendment's guarantee that all people will be treated with fairness under the law on both a federal and state level. It prevents the government and its representatives from taking advantage of individuals and their basic and fundamental rights. ?Those rights are not to deprive an individual of life, l ...
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