Rights of the Accused Essay Example | Topics and Well Written Essays - 500 words

Rights of the Accused - Essay Example The chief controversy regarding â€Å"due process of law† rests on the Supreme Court’s application of the clause within the Fourteenth Amendment to pertain to guarantees contained in the Bill of Rights to states via the process of â€Å"incorporation† (Ramen, 2001). As such, the application of â€Å"liberty† relates to liberties and procedures outlined within the Bill of Rights, plus other rights, liberties, and conditions that may not necessarily be found within the Bill of Rights (Shea, 2011).   The â€Å"due process† clause guarantees that individuals accused of perpetrating crimes should be awarded a fair trial (Holmes & Ramen, 2012). The rights entail right to a jury trial, a presumption of innocence the prosecutors expected to prove guilt â€Å"beyond reasonable doubt (the utmost standard of attestation that exists within the legal system), the right to be indicted by a grand jury (5th), the right to counsel (6th), the right to a speedy and public trial, safeguard from brutal and extraordinary punishment (8th), the right against self-incrimination (5th) and protection from double-jeopardy (5th). Other â€Å"due process† guarantees encompass the right of the accused persons to face their accusers (6th), and the right to become aware of the charges against the defendant (6th) (Wilson, 2009).   The principle of the 4th Amendment is to refuse the Federal Government the power to conduct arbitrary searches and seizure of property. The Fifth Amendment demands that a citizen cannot be accused of a serious crime devoid of a grand jury investigation, besides outlawing double jeopardy (Ramen, 2001).