Rights of Accused One of the Most Essay

Rights of Accused

One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.

Origin of the Due Process:

The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the first time with regards to the rights of ordinary individuals where the government i.e. King John of England was brought under law i.e. becoming the subject of the law of the land. Through this process, King John of England was not empowered to change the law of the land in its essential character.The introduction of the due process of law was the origin of the concept government under law rather than government by law, which was commonly used before the introduction of this phrase.

Since then, the concept has been interpreted over the centuries including the two due process clauses i.e. The Fifth and Fourteenth Amendments in the U.S. Constitution. The two clauses have proclaimed that no individual may be deprived of life, freedom, property, or other essential privileges, rights, or immunities. As a result, an individual may only be deprived of these privileges or rights through an essentially rational law that is applied in an essentially fair proceeding. The modern interpretations of the due process of law are not only entrenched in the U.S. Constitution but they are also found in various state constitutions (Carey, 2011).

Due Process and the Rights of Accused:

As entrenched in the Constitution of the United States, the due process of….....