Due Process of Law - Free Essay for Everyone

The phrase "due process of law" is a fundamental parity guarantee in the United States Constitution, which was derived from early English common law and constitutional history. The drafters of the federal constitution adopted the phrase in 1791 as the Fifth Amendment to the United States Constitution (Haas, 2014). Likewise, in 1868 the due process clause was ratified as the Fourteenth Amendment to restraint states in their legislative and procedural activities. Today, the phrase is common, especially in the judicial setting. Based on the Fifth and Fourteenth Amendments it means that no one shall be deprived of life, liberty or property without following the constitutional provisions (Haas, 2014). Therefore, it is a declaration that all levels of American government ought to function within the law and deliver fair procedures. For instance, any person accused of a delinquency should be informed of the charges, provided with a legal counsel, enjoy equal protection of the law and speedy trial among other judicial utilities. As a result, the doctrine of fairness prevails in the administration of justice.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Brown v. Mississippi Case

The Brown v. State of Mississippi case of 1936 is among the convictions the United States Supreme Court had to invalidate on bases the ruling was based on coerced confession. During the trial presiding in the lower court in 1934, Brown was found guilty of Raymond Stewart murder and sentenced to death following his confession, which was acquired through severe beating by involved police (Brown v. Mississippi. 2015). Despite evidence that Brown was beaten to plead guilty, the jury still used the confession against the defendant. Following the petition, the Supreme Court decision to invalidate the prior judgment was based on the evidence that Brown was physically tortured to confess the charges against him, which was against the due process clause.

Powell v. Alabama Case

The Powell v. Alabama Case of 1932 is among the landmark trials brought before the United States Supreme Court. The case involved nine African American men accused of raping two Caucasian females. Despite being illiterate to defend themselves the trial proceeded without providing counsel to the defendants. Each of the nine men was convicted and received a death penalty (Powell v. Alabama. 2010). However, according to the due process clause the defendants were denied their constitutional rights, as they were not provided with adequate counsel. Consequently, the Supreme Court annulled the prior ruling because the jury failing to allow access to counsel advice in preparation for a proper defense. As an administrator of justice, I would give reasonable time and opportunity to the defendants and complainants to secure counsels in their defense.

References

Brown v. Mississippi. (2015). Retrieved from https://law.justia.com/cases/mississippi/supreme-court/2017/2015-dr-01099-sct.html

Haas, K. (2014). Confession | law. Retrieved from https://www.britannica.com/topic/confession-law#ref1202104

Powell v. Alabama. (2010). Retrieved from https://deathpenalty.procon.org/sourcefiles/PowellvAlabama.pdf