Criminologia

Due process is the legal principle by which the government must respect all the legal rights that are owed to a person. Due process is a procedural legal principle according to which every person isentitled to certain minimum guarantees aimed at ensuring a fair and equitable in the process, to allow opportunity to hear and to assert their legitimate claims against the judge. Due process requiresthat the government is subordinate to the country’s laws that protect people of the state. The following research paper will describe the concept of Due Process, define the adversarial system,identify the rights of the accused, and describe the process after a crime has been committed through post-arrest procedures.

Due process is a constitutional right granted to every citizen. Theadversarial system is essential for the system. The grand jury plays an important role in the adversarial system. The jury should be impartial to both parties. The primary role of the jury or judge is todetermine the truth of the case. The United States criminal justice system philosophy is innocent until proven guilty. The philosophy offers a fair and impartial trial to the accused.

Every personarrested becomes a suspect of a crime. Law enforcement officers will type the police report of the crime and give a copy to state or county prosecutor. The prosecutor will determine if he/she has astrong case to file legal charges against the suspect. The following paragraph will identify and explain the rights of the accused. The suspect has the right to a notice or hearing. In the preliminaryhearing the suspect will be advised to the nature of the offenses for which he is being accused. Due process prohibits the system to incarcerate without probable cause. Probable cause need to be provenbefore an arrest. The defendant has the right to know the legal charges to prepare the defense. The grand jury or judge needs sufficient evidence to legally write the indictment. Indictment is a legal...