It is paramount to note that the availability and application of due process of law are equally important for both criminal justice system and the civil justice system. The reasoning behind this statement is that one of the main principles of this legal requirement is that every individual needs to be treated fairly.
It is understandable that many may think that it is more important for criminal justice system because punishments are much more severe in most cases, and it is essential to avoid any unfairness. However, it needs to be said that it is necessary to make sure that any case is reviewed equally, and it is an essence of the Law of the United States.
In my opinion, a defendant in a civil lawsuit should be afforded the same measure of due process as a defendant in a criminal trial because a particular disparity in treatment is currently present. The central issue that is worth mentioning is that the rights of those who are suspected of a crime are rather limited during the pre-trial stages, and this aspect should not be disregarded.
The efficiency of the law system may be affected if every single individual is given additional rights, and this point can be taken advantage of to a certain degree. However, it needs to be said that the fairness is of utmost importance, and every individual should have an ability to defend his or her rights on equal grounds. It is a necessary limitation that exists to limit the power of the court system (LaFave 148).
A criminal defendant that is accused of a capital offense also should be afforded the same measure of due process as an individual responsible for a misdemeanor offense. It needs to be noted that the difference between such cases is quite significant, but it is not a good enough reason to treat people in the courtroom differently.
It is paramount that an individual that is charged with a capital offense can take all the necessary measures to prove that he or she is not guilty because the punishment is severe in most cases. One of the most significant aspects that should not be disregarded is that many think that death penalty goes against the due process of law.
An environment that supports false convictions should not be allowed, and a lack of pieces of evidence should not be disregarded in most situations (Johnson 29).
Another factor that is worth mentioning is that there were numerous instances when individuals are not warned about certain aspects that are prohibited by the law, and they are denied property or liberty without an ability to use due process of law (Samaha 42).
Also, it is imperative to make sure that everything is strictly defined to avoid similar issues. It is also important to note that current interpretation of this legislative requirement is often a topic of controversies.
It is quite evident that the way those who are suspected of criminal offenses are treated differently in most cases and this can be viewed as a contradiction in the American legal system. An ability to question the factual basis of the charges needs to be available, but it is currently not required by the constitution.
A criminal trial is viewed as a primary procedure and other ones as secondary by the criminal justice system, and this aspect has to be revised because all the stages should be equally important. Many may think that accusers in both penal and civil cases should be afforded less measure of due process than individuals that are accused because they are the ones who believe that they are right in a particular situation.
However, it is not true, and the provision should be equal because it is one of the primary principles of the law. The safeguard should be offered to both accuser and accused, but it can be seen that defendants often have to deal with numerous disadvantages, and it may be a hard task to overcome the difficulties that are available.
It needs to be said that being obviously guilty should not be viewed as a reason to treat an individual unfairly in the court because due process of law is a constitutional right that cannot be taken away, and a fair trial is of utmost importance. It may seem unreasonable to waste the resources on a case with a predictable outcome, but traditions should be kept because due process is an essential part of the American culture (Zimring 123).
Overall, both obviously guilty and apparently innocent criminal defendant should be afforded the same measure of due processes. The aspect that should be noted that a guild should be proven and every individual should be able to take necessary actions to prove his or her innocence. Another issue that needs to be discussed is that many individuals plead guilty because they are afraid of losing the case and have to deal with increased penalties.
It is necessary to say that this is a major issue because law system should not be unfair to any citizen, but numerous instances of questionable decision making cause many to doubt their abilities to defend themselves in the court.
It needs to be noted that this is a problem that needs to be addressed because the most important aspect of the United States legal system is to make sure that both sides have the necessary tools to protect their interests, and due process of law is a vital part of it.
In conclusion, it is paramount to note that the primary purpose of the due process of law is to make sure that constitutional rights are taken into account by both criminal and civil justice systems. It needs to be said that it is so important because it is viewed as a guarantee that individuals cannot be treated unfairly by the government. Overall, the severity of the offense should not be perceived as a factor that affects the measure of due process of the law.
Works Cited
Johnson, Robert T. “The War on Due Process.” Academic Questions 28.1 (2015): 22-31. Print.
LaFave, Wayne. Criminal Law. 5th ed. St. Paul, MN: West Academic, 2010. Print.
Samaha, Joel. Criminal Law. 10th ed. Boston, MA: Cengage Learning, 2010. Print.
Zimring, Franklin E. The Contradictions of American Capital Punishment. Cary, NC: Oxford University Press USA, 2003. Print.