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Free EssaysLaw CategoryThe Due Process ModelBuy an essay
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A due process model is a kind of justice system centered on absolute rights of defendants such as liberty, life and property rights, and which requires proper legal safeguards and procedures. Due process has both substantive and procedural aspects. In procedural due process, fairness in the process of depriving individuals of liberty, life and property rights is emphasized. In substantive process, there should be government justification for depriving individuals off those rights (Breyer, 2005).

The most significant function of criminal justice is to provide fundamental justice as stipulated in the law. The police powers need to be limited in order to safe defendants from official oppression. Guidelines and rules and procedures should be followed, rather than being taken as mere technicalities. Procedural safeguards should be considered in order to convict the factually guilty and protect the factually innocent.

A person should be convicted of crimes only if legal procedures are followed, not because of availability of evidence for crimes committed. Prosecution is in order if guilt is proved beyond a reasonable doubt. Confinement should be centered on rehabilitation in lieu of simple warehousing (Breyer, 2005). There should be fairness in the handling of defendants during the process of detention. Laws should be applied to all without discrimination of nationality, handicap, age or gender. Even for serious felonies, defendants should not be subjected to cruel punishment, such as physical abuse.

Individuals need to be given ample time to prepare for events planned by authorities; for example, tax foreclosure. In such case, notices of delinquency are sent in a timely manner to allow individuals pay or raise any issues such as an overcharge. Individuals suspected or charged with an offense should be notified, orally and in writing.

Defendants must be arraigned in court within eight hours from the time of detention. They must be taken through a speedy trial, and must be allowed representation by an attorney, support of witnesses, and presentation of evidence (Bernstein, 2011).

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