Due Process of the Law

By on 5-18-2013 in Criminal Defense, Legal Concepts

due process of the lawPeople who are on trial for crimes, no matter how heinous the accusations against them, are entitle to due process of the law. That is, their rights to life, liberty, and property should not be ignored or taken away simply because of a horrible, unsubstantiated accusation unless it is proven to be true in court.

Under the law, the court system must assume defendants are not guilty until their guilt is proven beyond a shadow of a doubt. This means prosecutors must display abundant evidence that supports the accused criminal committed the offense. At the same time, it’s important to remove any doubt from the jury’s minds that the individual did not commit the crime.

While it may seem difficult to follow due process when an alleged crime creates widespread passion, such as is the case with mass shootings and terrorist attacks, even these people deserve a chance to defend themselves in a court of law.

In such proceedings, the prosecutor has the burden of proof, meaning it is up to him or her to prove to the court that the law was broken by the suspect in the way he or she is accused of breaking it. The defender’s role is to do everything he or she can to discredit or disprove witnesses and evidence against the accused criminal.

The right to legal defense is one of the most important available to you in the event that you are charged with a serious crime. Your right to due process entitles you to legal counsel and helps protect you from being wrongfully convicted.

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