The United States prides itself on having a fair criminal justice system. A large part of this is that suspects and defendants are provided with due process in law.
Due process can be a difficult term to define, but essentially, it means being treated fairly. How does this apply to criminal cases?
The right to swift justice
Aspects of criminal due process are outlined in various Amendments to the U.S. Constitution. The Sixth Amendment addresses a defendant’s right to a speedy trial. Of course, this doesn’t mean that all trials can be completed within a matter of days, but there should be no unnecessary delays. A person should not be detained indefinitely or made to wait for their day in court for a disproportionate period of time.
Importantly, criminal trials should also be public. A person should not be tried and convicted in secret. The defendant also has a right to a jury trial containing impartial jurors.
Lawful evidence
Another aspect of due process is that only lawfully obtained evidence can be used against the defendant. For example, where a confession is produced as evidence, this confession must have been lawfully obtained. The defendant must not have been coerced into confessing. It must be a true statement signed by the defendant.
Should physical evidence be produced against the defendant, this must also have been obtained lawfully. For example, anything obtained during a search and seizure must have been gathered in a search based on probable cause. The Fourth Amendment provides a host of protections against unlawfully obtained evidence.
The right to seek legal guidance is also a part of due process in criminal cases. If you are unhappy with how your case was handled, then you should try to obtain as much information as possible.