Due Process/Due Process Model

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  • A legal and judicial framework, forwarded by the U.S. Constitution, that prioritizes and guarantees the protection of individual rights. The Fifth, Sixth, and Fourteenth amendments' due process clauses guide procedure and practice at all stages of the criminal justice system so that individual rights are safeguarded against injustices and abuses of governmental power. Due process ensures procedural fairness and impartiality as a person faces a threat to his or her liberty. A due process model of justice emphasizes and honors citizens' rights by controlling governmental authority and buttressing individual autonomy. This is realized through processes, due to the individual, that restrain and structure criminal procedure. The primary value of such a system is protecting civil liberty, as opposed to the crime control model in which ...

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