Nikita Rogers
12/09/2012
CJ6620
Due Process
The Magna Carta was first signed in 1215 and established that everyone was entitled to due process of law. The law stated “No freeman shall be or imprisoned or desseised or exiled or outlawed or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land” (Raymond, n.d.). Currently in the United States the Magna Carta is with the due process rights in the constitution. The due process constitutional rights protect individuals from going to jail and being exiled. The government has no right to punish an individual or send someone to go punish the individual without due process. The individual must also be found guilty by a group of his or her peers, beyond a reasonable doubt.
In the United States, Due Process is a guaranteed right of every person. Due process means every individual will receive the same fair rules and equality in all cases no matter what court the trial is held in. Due process rights protect us both indirectly and directly. It protects us directly when we are accused of a crime. While indirectly protecting us by serving as an outline on how governmental power should be used. Due Process makes less available tempting but dictatorial ways of governing, and thereby promotes good government. They do this by requiring that a number of procedural steps be taken before sentencing someone to jail. Due Process is guaranteed in the Bill of Rights and other Amendments but predominantly in the Fifth and Fourteenth Amendments.
The Fifth Amendment was brought into the United States Constitution by James Madison. The values and beliefs found in the Fifth Amendment can also be found in the Magna Carta. The Fifth Amendment was introduced as a part of the Bill of Rights into the United States Constitution on September 5, 1789 and approved on December 15, 1791 (“Fifth Amendment”, n.d.).In the beginning the Fifth Amendment was only applied...