Examining the True Definition of Due Process
Aaron Wilmot
June 28, 2008
Once a citizen of the united States commits a crime and is arrested for it, he is entitled to a fair trial by a jury of his peers, unless he declines that right. The United States Constitution dictates this legal right which we know of as Due Process.
All in all, due Process will generally involve a twelve-person jury trial. The potential jury members will have been summoned to appear before the court and are carefully chosen by the lawyers and the prosecutor for the state. This is called Jury Duty and is the duty of every citizen in each resective state of legal age to do so.
The criminal defense attorney has the right to screen out every prospective juror if he feels the juror may be biased against his client or not sympathetic to his case. The Judge also has the right to eliminate prospective jurors as well as the prosecuting attorney. Additional similiar information may be found on the legal News Blog
All in all, the chosen jury will act as "the conscience of the community" and hear all sides of the case. The jurors have the power to nullify the charges brought against the defendant. This is called "jury nullification". It is a power they must use wisely after careful consideration of facts from both sides. "Jury nullification" is very rare but does happen occasionally and usually will involve some type of political aspect. Besides nullification, the jury can either convict or aquit on the evidence put before them.
So what exactly is this thing we call due process? Simply put, it is the right of every citizen in the United States to have a fair and impartial trial by a jury of his peers.
It is just one of the rights that helps set the United Stated apart from many other nations from the standpoint of a foundational protection. It is an inalienable right which is protected by the Constitution of the United States, and you are assured of this right regardless of your race, creed, gender, marital partner preference, political party affiliation and so on.
All in all, due Process will generally involve a twelve-person jury trial. The potential jury members will have been summoned to appear before the court and are carefully chosen by the lawyers and the prosecutor for the state. This is called Jury Duty and is the duty of every citizen in each resective state of legal age to do so.
The criminal defense attorney has the right to screen out every prospective juror if he feels the juror may be biased against his client or not sympathetic to his case. The Judge also has the right to eliminate prospective jurors as well as the prosecuting attorney. Additional similiar information may be found on the legal News Blog
All in all, the chosen jury will act as "the conscience of the community" and hear all sides of the case. The jurors have the power to nullify the charges brought against the defendant. This is called "jury nullification". It is a power they must use wisely after careful consideration of facts from both sides. "Jury nullification" is very rare but does happen occasionally and usually will involve some type of political aspect. Besides nullification, the jury can either convict or aquit on the evidence put before them.
So what exactly is this thing we call due process? Simply put, it is the right of every citizen in the United States to have a fair and impartial trial by a jury of his peers.
It is just one of the rights that helps set the United Stated apart from many other nations from the standpoint of a foundational protection. It is an inalienable right which is protected by the Constitution of the United States, and you are assured of this right regardless of your race, creed, gender, marital partner preference, political party affiliation and so on.
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