26.6k views
4 votes
Which of the following statements is true of the due process model of criminal procedure?

a.The eighth amendment to the U.S. Constitution prohibits the imposition of excessive bail or fines.
b.it pertains to protections against cruel and unusual punishment.
c.It assumes that the state and its agents can easily abuse their power.
d.the due process model focuses on fairness, defendant rights, and the presumption of innocence.

User NVitius
by
8.1k points

1 Answer

5 votes

Final answer:

The true statement about the due process model of criminal procedure is that it emphasizes fairness, defendant rights, and the presumption of innocence, encapsulating constitutional protections outlined in the Fifth and Fourteenth Amendments.

Step-by-step explanation:

The statement which is true of the due process model of criminal procedure is that it focuses on fairness, defendant rights, and the presumption of innocence. This model is a perspective on how the justice system should function to ensure the rights of individuals are protected. The due process model posits that the state's power should be limited and that the justice system must put an emphasis on protecting the rights of individuals to prevent the misuse of legal authority.

Due process is a constitutional guarantee that seeks to ensure that individuals are treated fairly and impartially by government officials. This concept is enshrined in both the Fifth and Fourteenth Amendments of the United States Constitution. These provisions necessitate that government officials follow fair procedures and do not deprive anyone of life, liberty, or property without due process of law. Consequently, this model entails a legal framework that demands procedural safeguards to be in place when prosecuting alleged crimes, ensuring the accused are granted their constitutionally protected rights.

User Sandeep Thar
by
8.9k points