Rights of accused Essay Example | Topics and Well Written Essays - 500 words - 1

Rights of accused - Essay Example Due process refers to the legal principles that the state should respect the rights of all the individuals. It is used in the law to ensure the right of a free trial, and that the court has to listen to both the parties and their evidences before making a decision. The government cannot harm the accused until the exact course of law doesn’t allow them to. The concept of due process has been written in the US constitution but it was originated before it was drafted in the constitution. The concept is older than the English Common Law (Ramen, 2001). It developed from the Magna Carta in England. In the early times, in some of the ancient private court, there was an appearance made at an unrecorded time. It was unofficially recognized by the councils that the accused person also needs some protection against the ruling authority to ensure his rights, life and possessions are protected. This was the time when rough justice was a normal thing, but there still were some leaders who w ould understand the basic rights. There are many aspects that are covered under the concept of due process. The primary role of the due process is to ensure that the government does not take any action against an individual which could result in loss to life, property or liberty. They must provide the individual with a notice and give them the opportunity to be heard. As these legal requirements were tied up by law, any government officer violating the due process will be charged. Before the final verdict is given by the court, the government must make sure the individual is given fair, impartial measures to challenge the state action. Since all criminal cases are against the state, the state offers lawyers to the criminals who can speak their case (Siegel, 2011). The government, at times, abuses the accused individuals and their property, for example by eminent domain for a public purpose without giving the fair value of land. Such