Due process is a fundamental and absolute right of an American citizen, which ensures that the state must adhere to the law and take into account individual liberties. It is mentioned twice in the Constitution in the Fifth Amendment and the Fourteenth Amendment. The former states: “no person shall… be deprived of life, liberty, or property, without due process of law” (“Fifth Amendment,” 1791). The Fourteenth Amendment states: “nor shall any State deprive any person of life, liberty, or property, without due process of law” (“14th amendment,” 1868). Therefore, every American citizen deserves to be noticed, heard, and the process of ruling needs to take place.
Due process is a central notion in American criminal justice because it ensures fairness of the procedural steps. It also severely limits the government’s power over its citizen through substantive due process. With these guaranteed rights, a powerless person can be accused of something without a fair trial and presentation of evidence. A special place in modern legal regulation is given to the tasks of ensuring and protecting the rights and freedoms of the individual. In addition, the state will not be legally limited and will be able to overpower any opposing parties. In the procedural due process, a person possesses a legal right to an unbiased tribunal, chance to present his or her evidence, and the individual can be represented by competent counsel.
Without due process, the justice system would lack a guaranteed right for the American people. A defendant would not be able to adequately defend himself or herself. For example, English law possesses a similar model called natural justice, but it only targets certain agencies (Caston & Graham, 2016). Therefore, the state itself would not be limited by the Constitution itself, which means that some individuals would undergo unfair trials. The United States, being a major nation in the global arena, would have a more oppressive government, and citizens would be less influential in politics. The absence of due process would create loopholes in the American criminal justice system, which could potentially lead to more increased power concentration.
I would not want to live in a society that did not guarantee due process rights because I would be infringed on and lack an opportunity to properly defend myself. Powerful parties and individuals would have too much power in accusing someone of the wrongdoing without sufficient evidence. People with poor legal literacy and resources would be highly subjugated because they will not have a right to protection.
Technology had a major effect on due process, where it both promotes and inhibits it. Mass media growth allowed people to expose and spread the details of criminal activities. However, it also can affect the societal perception of injustice, where filtered information can create an outrage among the masses. Such a force can put severe pressure on the justice system through judges, where social tensions can make the trial biased. Technology also can help promote the due process by allowing people to gather evidence more effortlessly. Throughout the past decade, journalists became highly active due to technological developments in communication and media capture. Such an advancement also improved the plausibility of restorative justice theory, which focuses on repairing the harm (Strang & Braithwaite, 2016). Therefore, technology is an instrument that can both promote and hinder due process.
References
14th amendment. (1868).
Caston, V., & Graham, D. W. (Eds.). (2016). Presocratic philosophy: Essays in honour of Alexander Mourelatos. Routledge.
Fifth amendment. (1791).
Strang, H., & Braithwaite, J. (Eds). (2016). Restorative justice: Philosophy to practice. Routledge.