Due process is a pivotal element of criminal justice in the U.S. The term is mentioned numerous times throughout the U.S. Constitution, particularly in the Fifth and Sixth Amendments.
If you have been accused of a criminal offense, then it is important to remember your right to due process. It can help to fully comprehend exactly what this means. Here are some examples of due process in criminal law.
The right to swift justice
If you have been charged with a criminal offense, then you have a right to present your case in a trial. The trial should consist of an impartial judge, who oversees the legal aspects of the case, and an impartial jury, who decide on the facts of the case. The trial should be conducted as quickly as possible. Unnecessary delays to a criminal trial could amount to a breach of due process.
The right to non prejudicial treatment
Criminal cases should be conducted without prejudice. The accused must not be treated unfairly simply because of their race, religion, gender or other protected characteristics. Furthermore, criminal proceedings must be brought on the basis of factual evidence. An individual should not face prosecution simply because their beliefs are not in line with government authorities.
Other elements of due process in criminal law include the right not to be compelled to testify against oneself, the right not to be tried for the same crime twice and the right not to be subjected to unfair searches and seizures.
The right to seek legal guidance is also an aspect of due process in criminal law. When facing criminal charges, this is highly advisable.