Due Process Rights

In chapter 14 of the textbook, there are multiple pages dealing with the due process rights of people that are accused of crimes. Obviously from the text book interpretation of the different points of views, and arguments we have seen in society today, there is clear dispute about wether or not our government is going about this the right way. These things include such things as not allowing police to persuade to get confessions, accused victims getting read their rights upon arrest and being appointed a lawyer if they could not do so themselves, and no unnecessary searches without reasonable cause or court approval. On one side of this, people are saying that this hinders the law and does not allow police to fully do there job. On the other side, people believe that these rights are necessary and possibly more should be implemented. In my opinion I think our government has done right with these basic rights and does possibly draw a finer line when it comes to these things. In todays world, we have a high amount of tension with the police of our country. Due to young African American males getting killed by police officers, then leading to the “Black Lives Matter” movement, and things such as multiple videos of police planting incriminating evidence and getting caught by their body cameras, their is an extreme amount of turmoil. Even though there are many things than can and need to be done to change this unfortunate pattern, (and some people have tried taking action such as the NFL players) I think that an emphasis on these due process rights need to be emphasized. Even though this is not a huge part in this matter I think that an emphasis on these rights will at least release some tension. Nowadays, people feel like they are getting “screwed” by the government and its policing force. So, if they at least have these rights and know that they are going to get proper treatment, even though it does not fix the problem in any way, it will at least relive some of the tension. It will make people at ease to know that they will be getting treated fairly. With that being said, I think our government has generally done a good job enforcing these due process rights. But, there definitely needs to be more of attention put towards it because of recent, unfortunate events.

Greenberg, Edward S, and Benjamin I. The Struggle for Democracy. New York: HarperCollins College Publishers, Print.

5 Responses to "Due Process Rights"

Margaret Castelli says:

December 5, 2017 at 2:07 pm

Due process is something that most Americans no longer think twice about. This idea is presented first in the 5th amendment in the Bill of Rights, and established the right to the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. The due process element also comes in with the idea of protecting citizens’ life, liberty or property. The knowledge of one’s rights came later, in the Supreme Court case Miranda v. Arizona, which established the idea of Miranda Rights and that a person must be informed of their rights under the Constitution when arrested for a crime. Your point that the American court system and police departments are doing an effective job in relation to due process is somewhat agreeable, but there are still cases of officers not stating Miranda Rights or the idea that policy shootings are bypassing due process, as presented in this article in The Hill: http://thehill.com/blogs/pundits-blog/crime/298816-due-process-a-right-that-even-law-enforcement-officers-have.
Hannah Dunn says:

December 5, 2017 at 8:47 pm

Due process is absolutely essential to our criminal justice system, especially considering its highly racialized nature even with procedural requirements. We have seen the effects of a lack of due process in the case of New York City’s failed Stop-Frisk policy which allowed NYPD officers to search any person whom they deemed suspicious. Needless to say, the initiative quickly became a way in which officers could single out racial and ethnic minorities without regulation. Should due process ever become less of a priority in the judicial system, our prisons would undoubtedly be filled with African American men at an even higher rate than they are today.
Some make the argument that due process makes our country less safe, however I think it does the opposite. It allows racial and ethnic minorities some relief from the discrimination they would otherwise face. A reduction of due process requirements would do significant damage to the social progress that has been made from the Civil Rights movement on.

https://nypost.com/2013/08/12/nypds-stop-frisk-policy-violated-rights-judge/
Lauren Rothenberg says:

December 7, 2017 at 11:34 am

I agree with you that due process is a critical component of our government and its criminal justice system, however its importance is seemingly often undermined by lack of enforcement. As you mention, there have been a surplus of incidents that contradict due process and the rights it reserves for citizens. Unfortunately, violations of due process often harm those of minority groups, such as African Americans, and can be seen as racially motivated. Having said this, if implemented probably I do believe it would be beneficial to the United States.
Colby Ritten says:

December 8, 2017 at 12:37 pm

Due process is extremely important in todays society, especially with tensions rising between our police force and minorities. Due process are rights given by the government to anyone accused of any criminal activity. Without it, people may see our government as unjust. One key component of due process is the right to a fair trial. This is crucial because it protects the accused of any bias or leaning before the trial even begins. One element of a fair trial is having a jury. This is a way to prevent the bias or leaning. For example, if only one person decides whether the defendant is guilty or not guilty, the would not be fair because they could already have a predisposition on them. Due process is critical to our criminal justice system.
Lauren Toth says:

December 9, 2017 at 10:08 am

Due process has and I think will always be a hot topic when it comes to our legal system. In recent events, we have seen political groups call for action to better the fair treatment from the courts. As talked about in this post, some groups such as the African Americans believe the courts are out to get them and decide they are guilty before they even have their trial. The Fourteenth Amendment reads, in part, that no state shall “deprive any person of life, liberty, or property, without due process of law.” By having these preconceived perceptions that a person is guilty that is depriving them of their liberty in the eyes of the law. There have also been depriving of liberty to individuals by the police. Recent videos have shown cops approaching simple traffic stops with guns blazing. They see the individual belongs to a specific race and acts differently based on that race. Being enforcers of the law, they are breaking this clause of due process for those individuals. Even though this amendment was written 149 years ago, there are still cases going to the supreme court to improve this amendment. In 2016, the supreme court made decisions on 6 cases that dealt with due process. The most recent was Pavan vs. Smith, where the Arkansas court’s decision was reversed by the supreme court because they found the court broke the due process clause against a homosexual group. While there are changes in the way our government handles due process cases, there is still room for improvement.

http://supreme-court-cases.insidegov.com/l/8787/Pavan-v-Smith

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