Week 3 Checkpoint Submitted by: Travis Hance Course: CJS220 Instructor: Stephen Gillespie

Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system.

The concept of due process is one that has been uniquely defined within the American criminal justice system. While every country in the world has a relative concept of due process, the United States of America has set itself apart in attempting to provide both equal representation for society and the suspected criminal. In my opinion this began with the first colonists who arrived from England, bringing concepts of law. Later as the founding fathers drafted the Constitution, we see the same ideals carried forth. Amendments to the Constitution have continued to promote freedom of speech, religion, assembly and much more. The Fourth Amendment protects citizens from unlawful search and seizure. The Fifth Amendment protects us from self-incrimination. The Sixth Amendment covers each citizens rights to know charges against them, face their accusers, and retain legal counsel. While I could continue to discuss the various ways in which our legal system strives to protect the citizens of the land, I feel it more important to discuss how these legal protections work in what law enforcement refers to as due process. From the moment that a law enforcement officer makes contact with a citizen to the final disposition of a court proceeding, everything must fit within the due process of law. I would describe the concept as the following of a step-by-step procedure which is legally accepted as sound, and which protects the rights of both the defendant and the

claimant. Our Constitution, its Amendments, and the established State and Federal laws provide a legal guideline for interaction between elected or commissioned officials and the regular citizen.

An excellent example of how this system works in everyday life is a traffic citation. Officers are specifically instructed to verbalize that the signing of a traffic citation is not an admission of guilt, but rather a promise to address the citation, either by payment or appearing in court. To me this simple act has been analyzed enough by legal entities to the point that we protect the citizen receiving the citation in such a way that they can exit the police interaction without admitting guilt, and still be afforded the protection of due process.

While the American concept of due process is by no means perfect, an examination of the variety of court cases which have built the foundation of the criminal justice system show a desire to protect the innocent, prosecute and punish the evildoers, and defend the weak and downtrodden. It is a system that will continue to evolve, as long as there are good men and women willing to protect and serve.