The criminal justice system has two sets of underlying values which are Due Process an Crime Control. Due process values focus on the right of individual while crime control values stress the punishment and repression of criminal conduct. The competing nature of these two value systems is often evident in nation’s court. Due process primary concern of early American court is to protect the right of an individual against the power of the state.
The fifth and fourteenth amendments states that no person should be deprive of life, liberty, or property without due process of the law. The due process basically requires that the government should act fairly to people. This means, it is not advisable for the government to rely on individual judgment and impulse when making decisions, but must stay within the boundaries reason and the law. Disagreements as to the meaning of these provisions have overwhelmed courts, politicians, and citizens since this nation was founded and may undoubtedly continue to do so. To properly understand due process, there are two types to be considered; procedural due process and substantive due process. Procedural due process states, the law must be carried out by a method that is fair and orderly. It requires certain procedure be followed in administering and executing a law so that an individual’s basic freedoms are never violated. An example of this is the United States Supreme Court that requires schools to follow certain procedures before suspending students for misconduct. The court holds that a student facing a suspension of ten days or more must be given oral or written notice of the charges against him or her. Furthermore, if the charges are denied by the student, he or she must be given an explanation of the evidence of misconduct and an opportunity to say his or her own side of the story. Procedural due process prevents a