Question

Why is due process such a central notion in American criminal justice

Answer 1

Due process is essential to ensure that innocentpeople are not convicted of crimes.Two models of the criminal justicesystem are 1) crime-control model and 2) due process model.Thecrime-control model resembles a steamroller or assembly line justice inwhich a premium is placed on solving and closing cases with little to noconcern for the individual’s rights or attention to guilt or innocence.With the assumption being that most suspects are guilty


The due process model assumes that it is more important that therights of the innocent or falsely accused are protected.This modelresembles an obstacle course.This model would include strictregulation of police enforcement, independent and impartial judicialprocesses (due process) and imposition of proportional and justiFablepunishment.This model emphasized the need to reform peoplethrough rehabilitation.It is based on the doctrine of legal guilt and thepresumption of innocence.Supporters of this model argue that anypretrial detention should be used sparingly and that all people shouldbe entitled to remain free until they are found guilty, unless they posea threat to society.The supporters also argue for the elimination of thegrand jury which has become a rubber stamp, more or less, for prosecutors.

The courts generally prefer the due process model because it equallyfavors all citizens, even the criminally accused, by securing their rightsand freedoms.While law enforcement agencies generally prefer thecrime control model.Many agencies treat the arrested as if they arealready guilty and emphasize the arrest, prosecution and conviction ofthose who have broken the law.

As a result, it the crime-control model dominates, criminal courts willprobably handle an increasing number of juveniles.Juvenile courtsmay be eliminated altogether because if the due process dominates,juvenile justice might be eliminated anyway because of the concernsabout procedural rights.

Answer 2

Due process is a central notion in American criminal justice because it represents the right of the accused to a fair trial.

Step-by-step explanation:

Due process is a legal principle by which the government must respect all the legal rights that a person has according to the law. Due process is a procedural legal principle according to which every person has the right to certain minimum guarantees, tending to ensure a fair and equitable result in the process, to allow him to have an opportunity to be heard and to assert his legitimate claims before the judge. Due process establishes that the government is subordinated to the laws of the country that protect the people of the state. When the government damages a person without following exactly the course of the law, it incurs a violation of due process, which violates the rule of law.