Is Due Process Fair?
“Governments were instituted of God for the benefit of man”. Book of Mormon Doctrine & Covenants 134:1.
What is due process and how does it benefit people?
Due process is the fundamentals of justice. This ensures that all citizens are given a fair and just trial in court. The suspect has the right to defend himself, seek counsel, investigate witnesses, and such. Be reassured that no one is above the law. This includes the rogue police officers who infringe on the civil rights of people or the President of the United States who sways opinion in his favor whether it is true or false based facts. If there is justice, either suspect will eventually get busted, face charges, go to trial, and then go to prison. Case closed; due process works. In the end, it is all tied up with a nice little bow, clean and tidy with no loose ends. Doesn’t this sound pretty? This seems simple, right? Not necessarily. Real-life is a little more complicated and the due process to justice can be a waiting game.
What is the process of an investigation?
Short explanation, it is the order of events in which makes due process occurs. There are four basic stages of justice. The government of all levels city, state, and federal entities set up particular guidelines to act upon to ensure that the process is fair. Yes, sometimes the evidence or the interpretation of the law is twisted and this can bring the outcome to one particular side’s favor or another.
In stage one a crime is committed. The suspect in the case may or may not be available for immediate arrest. The occurrence of a crime is the stepping-stone to the next stage.
Stage two an investigation is required to gather evidence. Depending on the outcome of this process will determine the following stages. The investigation process provides the investigators of the police department together enough evidence for the District Attorney to take to trial. A good detective will take notes of everything within the realm of the crime scene. The weather at the time of the investigation is pertinent in some cases. The cause of the crime otherwise known as a motive is necessary for guilt. The eyewitnesses’ testimonies help to collaborate or disprove the idea or theory. The lab reports if any are also important; blood type, fingerprints, etc. The case detective will also follow and investigate all leads that trail to the crime motive. Once the investigation is complete, it is sent to the District Attorney’s office for consideration. Keep in mind; these notes are cataloged in different categories for the District Attorney’s use.
If an investigation does occur, it is suspected by government officials of criminal behavior or an established pattern of such activity. This is mostly done on a federal level DEA, FBI, or another department within the Judicial Branch.
A man is innocent until proven guilty.
This quote, originated in America, by Samuel Chase, a Supreme Court Justice, member of the Congressional Courts. He said this to the Gettysburg court as he faced impeachment for ‘Political Bias in February 1803. This early citation of the Sprig of Liberty became the catalyst to implementing this as a basis of a person’s innocence and guilt. Until proven guilty by evidence, all are innocent.
Stage three; is the trial process. Here the prosecuting and defending attorneys will try to make deals. Plea bargains for the suspect offer a charge of a lesser crime for the bigger crime in cooperation for something more tangible. This depends on the case, the crime, and of course the weight of the charges. In court, the suspect has the chance to investigate through his attorney the witnesses of the case, the evidence against him (via files) and they have the opportunity to make a defense with the attorney’s help. In the court process, the judge or jury will determine guilt or innocence based on the evidence presented. Step three of stage three is the sentencing phase. If a guilty verdict comes in from the jurors, or a plea bargain was authorized by the defendant, the judge sets the consequences of time served or time to serve. The judge will determine if probation is available and beneficial to the convicted defendant. The suspect’s proven actions will be documented as a convicted criminal in the state.
Be reassured, no government official civil or federal, can arrest a citizen without an investigation being done or in the course of an active inquiry.
Legal Jargon, Just Cause is a term used often. This means the officer suspects something is going on that can endanger the public, the suspect, or the officer. In traffic stops, this happens many times. If the driver is under the influence, this is ‘Just Cause’ for the officer to search the car, give a field sobriety test, and other factors to determine if the suspect is safe driving; the public is safe, and so on. If it is determined that the suspects are too inebriate, drunk, out of their head to be a safe driver, he or she will be charged with DWI: Driving While Intoxicated or DUI: Driving Under the Influence.
If the search of the driver’s car gives evidence of other crimes drug possession, for example, the officer can charge the driver with this as well. The suspect will go to jail for outstanding warrants if one is active on him or her.
In any case, now that examples are provided, be of the good mind that a citizen cannot be brought upon charges without Just Cause or hard evidence found in an investigation.
At the end of the day, when all is said and done, no one is above the law; everyone has a chance for a fair trial under the law. If a person is taken into custody, there has been sufficient evidence to bring this person or people in for detainment and due process.
If you find yourself in such a position, get the assistance you need to build a case to prove your innocence. Work with the defense attorney to make your defense. God instituted Government to benefit people. There are three branches of government at our disposal, do not let shortcomings get rich quick schemes and defraudments separate you from your family and friends.
And that is how it is done.
