Due Process Essay

An important aspect of the justice system includes regulation with due process. Due process involves basic legal rights of the accused person, insuring that everyone gains a fair share in the legal system. There are many steps within this important process in order to develop the final outcome. These steps must be taken into consideration under The Charter of Rights and Legislation. The Due process of law exists everywhere in Canada where crime control and the justice system are involved. This process came into affect when the term “fundamental justice” was introduced in 1982, leading to a limited clarification of the term due process itself.

The confusion between these two terms was basically, due to the unclear explanation of the wording. Due Process Some of the fundamental characteristics of due process consist of fairness and equity. This process demonstrates an importance within our justice system because equal rights are measured highly while crime control is taken into consideration. An individual should not be held guilty based on facts. An accused individual should be taken under professional legal control, with a proper legal procedure leading to a final decision with details and evidence to prove them wrong.

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For instance, the government cannot stop an individual from becoming aware of their Miranda rights if he or she was to be arrested. In this case if the arrest goes further without a review of the Miranda rights, and the crime becomes a confession for the arrested person, this confession would be invalid. The reason for this invalid crime would mainly result because this person was denied the due process leading to unfairness. Equality is once again referred to this process of fairness as being just as important to the society as is crime control. In other words everyone is moderately protected under the law.

Another basic example related to where equality is represented with the due process is within most government immigration systems. For example, if the person under custody is not considered a Canadian citizen during the crime scene, they will still have their right to be treated equally under The Charter of Rights and Freedoms. This presents fairness and equality under the legal rights a person is provided. Another, example of the importance of the due process in represented In the case chosen for this assignment, R Latimer’s case (1993) in Saskatchewan.

The case discusses the murder committed by a father of his twelve-year-old daughter. This case demonstrates a proper example of the due process procedure. It explains how the killer admits to his wrong with no doubts from the society and crime investigators, allowing him with fairness of providing an explanation under The Charter Rights of Freedom. Therefore, following the due process the Crown came to a decision after several years that the murder was not a first-degree murder but was actually considered a second-degree level.

In this scenario, if the due process procedure weren’t followed, the final outcome would have ended with a life sentence for Latimer’s case. Conclusion Due process is an important part of the criminal justice system in Canada. Decisions should not be made without following the proper legal procedures. The society and the government have full equal rights to be aware of their Chartered Rights of Freedoms. As discussed in this paper, the importance of handling any type of crime with the due process is highly valued. The main interpretation of the due process is fairness.