Due Process
Malik Freeman
CJA/224
Jan. 10, 2011
Andrea Lewis
Due Process
In Criminal Justice there are rules and regulations one must following order for someone to be treated fairly. Before anyone can just come and take anything or accuse someone about anything there must be something in place called Due Process. In this paper I will describe the concept of Due Process, in which I will define the Adversarial System, identify the accused rights and describe the process through post arrest after a crime has been committed.
Adversarial System
An Adversarial System is a type of legal system that is implemented within a jurisdiction. (http:// brainz.org/what-adversarial-system/) There are three types of people that are involved in the process, the plaintiff or prosecution the jury or judge, and the defense or defendant. This can be Civil or Criminal Law. The Adversarial System uses an advocate which is an Attorney at law who argues for a client in a trial. The client can use an advocate or choose to represent them self. The advocate can then present the information in their favor to a person or group of people who will make a decision from the arguments or the evidence that they have on hand to decide what will happen to the person on trial.
The Rights of the Accused
When a client is being accused of a crime, they have certain rights. Before the constitution and bill of rights was put into place, people were accused of crimes that they did not commit and was convicted because of unfair trials. When someone is arrested and charged with a crime there are rights that will help this person to be treated fair and equal. The Writ of Habeas Corpus (www.cs.state.ny.us) helps the accused with prevention of imprisonment or being held without a reason why they are being detained. The Supreme Court has declared that the “Government must always be accountable to the judiciary for a man’s or woman’s imprisonment.” (See Fay V Noia 1963) If...