Describe the importance of procedural due process. List the procedural due process rights that are guaranteed to an individual. What do these rights suggest about our justice system?

Question

What will be an ideal response?

Answer 1

Procedural due process seeks to ensure that no person will be deprived of life, liberty, or property without a proper and legal criminal process. It is intended to guarantee fundamental fairness and can be seen in the following:The freedom from illegal searches and interrogationsPrompt notice of charges and a formal hearingThe right to counselThe opportunity to respond to chargesThe opportunity to confront and cross-examine witnessesThe privilege to be free from self-incriminationThe opportunity to present one's own witnessA decision made on the basis of substantial evidenceA written statement of the reasons for the decisionAn appellate review procedureThese rights suggest the law is making the attempt to ensure that each accused receives fair and equal treatment under the law and has certain rights that cannot be violated. That is not how the law always works in practice, but it shows the spirit of the justice system.?