What is “Due Process” of Law?
By Charles Brown Question: What does the term due process mean? Criminal Defense Lawyer: Due Process simply means that even the government must abide by the law. Prior to the Roman Empire, most governments operated under a system, which was called Rex Lex. Rex meant king. And Lex meant law. When the order of the two words was Rex before Law, it meant the king was above the law. Rome was the first government which, at least in theory, placed law above even the king. They called their system, “Lex Rex.” The Fifth Amendment is the portion of the United States Constitution which restricts the governments power to impose sanctions on anyone without following legal procedures. It states that no person can be deprived of life, liberty or property without due process of law. In simpler terms, no criminal defendant may be punished by either taking that persons life, liberty or property, unless they are given a legitimate opportunity to contest the charges against them. The courts have defined due process as including such rights as: The right to be told what the specific charges against the defendant are; the right to have a criminal defense lawyer present when the defendant is questioned; and the right to have a public trial (rather than a secret trial) before an impartial judge and jury. Other rights due process guarantees are:The Prosecution has the burden to prove criminal charges beyond all reasonable doubt, before it can obtain a conviction against a defendant.Defendants cannot be forced to give involuntary confessions obtained by force. Nor can suspects even be questioned by police without first being advised of their right to an attorney have an attorney present.The right to remain silent.The right of defendants to confront witnesses against them.The right to a public trial (this was our Founding Fathers response to the British policy of holding secret trials against American colonists).The right to a trial by jury. Even a defendant in a minor traffic case, can demand a jury trial.The right to a criminal defense lawyer. Including the right to have an attorney appointed for the defendant if the individual cannot afford one.An interesting footnote is that the Founders felt that the States would pass their own Bills of Rights. This meant that until after the Civil War, these rights only protected individuals against actions by the Federal Government. Actions of the States were not included in these protections. But when the Fourteenth Amendment was ratified during the post Civil War Reconstruction era, due process protections were subsequently applied to protect against the actions of the states. COPYRIGHT(C)2007, Charles Brown. All rights reserved. Charles Brown, JD is a former criminal defense lawyer who now writes about legal topics. Visit him at Ask A Criminal Defense Lawyer, where you can submit your questions about your legal rights, what to do if you or a family member is ever charged with a crime, how to choose a criminal defense lawyer and how to work with your lawyer throughout your case. Article Source: http://EzineArticles.com/?expert=Charles_Brown http://EzineArticles.com/?What-is-Due-Process-of-Law?&id=431076 buy generic fioricet buy fioricet online purchase fioricet online generic fioricet
