Right to due process of law

The Right To Due Process Of Law- Condone Or Condemn?

“No free man shall be taken or imprisoned or disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgement of his peers or by the law of the land.” This phrase is recorded in chapter 39 of the Magna Carta. It has a significant meaning as the meaning behind this is that the powers of the king are not absolute, but is actually limited to justice. The Right to Due Process of Law is one of the most deeply rooted principal of our modern day laws. It reduces the chance of giving the innocent the death penalty. It protects people from condemnation, and it also gives people power to stand up for injustice they face from the government.

With the help of the Right to Due Process of Law, many innocent people are saved from a life time in jail or being sentenced to death penalty. If this statement is not in our laws, lots of innocent people will be captured because of mere suspicion that they have the motive of doing something. That is unfair and a serious matter. Although some might argue that this would give the guilty a chance to escape the punishments of law, the Pros for condoning this right would outweigh the Cons. More innocent people will be saved from being falsely accused than letting guilty people get away with their crimes. If a person is guilty, they will be proven guilty because there is no escape from the truth. There is an old Chinese saying “paper cannot wrap up a fire” (3) meaning that no matter how hard one tries, it is impossible cover fire with paper, that what is hidden cannot stay hidden for long, just like how the truth will always prevail.

People jump to conclusions very quickly; and if the Right to Due Process of Law has never been established and the police jump to conclusions quickly, then the society will be hopeless. If someone, unknowingly, appears near a murder scene at the time the murder takes place and there are no other evidence suggesting otherwise, he will be assumed to be the murderer. But, since the Right to Due Process of Law was established, all people are protected from the condemnation of other people. As said in a news article, one cannot condemn a person to an unforgiving punishment without providing that person the due process of law. (2) Hence, there is no worry about being arrested without prove and neither will there be worrying about being prosecuted without knowing what charges have been laid against us.

In the course of a man's life, he will face many obstacles. They may be from other people or from the government. It is up to us to use our rights and stand up for ourselves. It is declared that no state shall “deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.” (1) Without the Right to Due Process of Law, it will be impossible to speak out and the government can arrest anyone who decides to make an unfavourable comment about them. There will be a high chance that man/woman will get arrested for stating our opinion and defying the government.

In conclusion, The Right to Due Process of Law has a great impact on our laws. Many of our modern-day laws originate from The Right to Due Process of Law. It requires the authorities to follow a certain set of procedures as a prerequisite to punishing and seizing a suspect for a crime that he/she was accused of committing. The government cannot take a person captive simply because he looked like a criminal or prosecuting him without formally telling him/her what he/she was being prosecuted for. Thanks to the Right to Due Process of Law, the government has less of an importance in terms of accusing innocent people to guilty crimes. Everyone is protected from condemnation and it gives them the power to stand up to the injustice from the government.

Works Cited List

  1. McClain, Emlin. Constitutional Law In The United States. “256 Constitutional Provisions As To Due Process of Law.” BiblioBazaar, 2009. Print.

  2. Calhoun, Blair. "Strive for Justice." San Francisco Chronical (2009): n. pag. Web. 26 Nov 2009. <http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/25/EDAB1APBUB.DTL>.

  3. "Chinese Proverbs." 27july1997. Web. 26 Nov 2009. <http://www.kn.pacbell.com/wired/China/proverb.html>.