The Due Process is the officially permitted rule that must respect all the official constitutional rights that one is entitled to; these rights are the right to existence, freedom, possessions or any other basic rights, privileges, or immunities applied fairly. This can also be further defined as rules or the rights of an individual that are guaranteed in the land by the government for protection (Jaiswal, 2005). This involves a fair trial of an accused, whether one is capable of paying the legal fees services or not.
The origin of due process can be traced back in the Garden of Eden or 1355 by the restatement of the 1215 Magna Carta, where the law of land was first used by King Edward III’s statue 28. The law of the land declared “no person, no matter his circumstance and position, shall be put to death sentence, jailed or judged before he is brought to a court of law to answer to the charges accused of” ( Mabra,1993). It did begin to apply in constitutional law after the Supreme Court proposed an amendment after a gap and omission was found to exist in its definition. Thus, the right to basic fundamental human rights is entrenched in the constitution.
Explain how due process protects the accused against abuses by the federal government.
The due process protects the accused against abuses by the federal government by guaranteeing one protection. It gives the accused the right to a fast and fair trial in the state the accused resides. The inclusion of the bill of rights in the constitution that gives a distinction on the powers of the government and individual rights and liberties; it was enacted through the Fourteenth Amendment in 1868. The Amendment states, “No federal government should deny any person the right to live, the freedom to own property, and the freedom of speech without an outstanding and laid down procedures of the rule.” These are necessary and the most important rights of any individual.
It does protect by giving the accused the right to keep militia or equipped companies for security, safety, social order protection, and to have and use weapons. The due process also protects one against undue search and seizure of own property, against government intrusion in private homes during peace without the permission of the proprietor, and from government seizure of property without due compensation (Desty, 1911). It protects the accused by requiring that one be informed of the reason and nature of his crime in a formal method that is well detailed for ones self defense. The accused is also allowed by law to confront the witness on whose testimony the government does rely on in its accusations. No accused person should be put to trial for the same offence more than once if it risks his life or limb. If the accused is found innocent or released, there cannot be another case all together for him. The accused has the fundamental right of having an attorney to defend him in court at his request before trial.
The accused is protected by the prohibition of the congress in amending or making laws that limit the freedom of speech, the right to gather or assemble peacefully and to appeal to the government to address accused issues. One cannot be accused for a capital offence unless cases arising on marine, private army, and when the actions are a threat to public safety. When the value of disagreement exceeds twenty dollars, the right of trial by court is observed (Williams, 1990; Mabra, 1993). Excessive fines, bails, or any other brutal and harsh punishments are not allowed. The powers are reserved by the state for those that are not delegated in any way. The people should not mistake accounts in the constitution of particular rights to criticism.