How to Apply Fairness to the Concept of Criminal Justice
A judge, a lawyer, a law enforcement officer, and a layperson all have an interest in the issue of fairness in criminal justice. Judges need to apply fairness. Lawyers want to ensure that their clients receive fair rulings. Law enforcement officers need to apply fairness when investigating crimes, and laypeople would like to be treated fairly within the criminal justice system. All these people are in luck, because the Constitution seeks to apply fairness in criminal matters. Consider the following situations in the light of the Due Process Clause of the Constituion.
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Instructions
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The Due Process Clause provides that no person may be deprived of life, liberty or property without due process of the law. Determine whether a deprivation of life, liberty or property occurred. Determine what process is due.
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Consider this law enforcement example. During the interrogation of someone arrested, the arrested person requests an attorney, but the police officer ignores his request and continues questioning. Ask if the person has been deprived of life, liberty or property. The person has been arrested; therefore he has been deprived of his liberty. Ask what process was due. The police officer should have stopped questioning until the arrested person's lawyer was present.
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Consider a defendant's appearance in court. The defendant shows up for her arraignment, and she enters a guilty plea without having a lawyer. Ask if the person has been deprived of life, liberty or property. The person has been deprived of liberty. Ask what process was due. The defendant should have had an attorney before the court allowed her to enter a plea.
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Consider this example of detention. A suspect is arrested with no warrant and is held in custody for three days before he sees a judge. Ask if the person has been deprived of life, liberty or property. The suspect has been deprived of his liberty. Ask what process was due. The suspect should have been brought before a judge within 48 hours of the arrest to determine if there was probable cause to execute an arrest.
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Be cognizant of the fact that if any person's due process rights granted by the Constitution have been violated by a government actor, then that person has a remedy in court. That person should employ a criminal defense attorney and allege that she was deprived of her liberty or property. If a person has been deprived of life by a government actor, then the person's relatives can file a law suit on his behalf.
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Tips & Warnings
A person can only be denied procedural due process by government actors.
References
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