What is meant by “Fundamental Fairness”?
In my understanding from this week’s lesson I feel that fundamental fairness is how the criminal justice system is designed with one of its major tenets as the welfare of the people. (Wright, R. (2008). This is imprecise and can cover a great deal of differing thoughts. It primarily falls within in the drafting of the fourth through the eighth and the fourteenth amendments to the United States Constitution. These amendments are intended to ensure that all citizens are afforded the inherent rights to due process and that their life, liberty, and property cannot be taken without due process.
What are the various components of due process in criminal procedure? In your response, include some examples of procedural protections that are afforded to individuals in a criminal case.
When looking at due process in criminal procedures one realizes that it begins from the initial contact with law enforcement and is not completed until the suspect is sentenced at the conclusion of the criminal trial. A landmark decision and one that has remained fairly unchanged in the judicial process is the decision made in Miranda v. Arizona. This ruling has established the advisement of rights subsequent to a subject’s arrest informing of their right to remain silent, obtain counsel, and appointment of an attorney if they can’t afford one. Another form of protection established was due process and fair treatment without violating a subject’s rights. This was ruled on in Brown v. Mississippi where three African American males were determined to have been mistreated until a confession was obtained. This ruling by the supreme court demonstrated the unconstitutionally of obtaining confessions from coercion. (Cortner. (2005).
respond to this discussion question in 100 words
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