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Due Process

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DUE PROCESS 2

Our founding fathers helped shape our country. The Constitution of the United States set down our rights as an individual of our country. Included in our Constitution is the right to a speedy trial and the right to due process. Everyone has a different opinion of what due process is. Our founding fathers gave us the right from the federal government to interfere with the state government. They also gave us the answer to what due process is all about, we just need to learn and identify with it. Our legal system is an adversarial system, that is it reflects the theory that truth and justice can be found when the legal teams battle in court to determine the facts of the case and find solutions, Meyer, J and Grant, D, (2003). A concept of the adversarial system is the accused is presumed innocent until proven guilty. In an adversarial courtroom the state (prosecutor) and defense advance their case with the court (judge) who enforces the rules. Even though the state and defense advance their position, they are still fair. The courtroom parties all share a need to handle cases as fast as possible to try to clear the crowded court docket. In 1791 the fifth amendment was enacted and it states: No person shall be deprived of life, liberty, or property. Nobody really knows what due process is and if asked each person will give a different answer. What was our founders really trying to tell about due process? The concept of due process has evolved with time. The courts interprets and apply the principles accordingly. Originally the Bill of Rights was interpreted as protecting the citizens from infringements of their basic rights by the agents of the federal government, Meyer, J and Grant, D, (2003). In

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