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Q: how does due process apply to the criminal justice system?
A: how does due process apply to the criminal justice system? Due process by itself means that certain rules apply in criminal cases. Steps must be followed and rules of evidence apply. In smaller cases, these items are moderately simple. [ The larger the case, the more steps and personnel are involved and if any step is skipped or overlooked, the lawyers can have a field day in court, eventually
having a case thrown out due to his clients "rights" having been violated. Due process prevents a police state from taking over, but it also clogs the legal system with lawyers going over each and every step. As an example, quite a few departments now have Miranda rights printed out on a form that a person automatically signs when arrested and booked. This helps to cover any evidenciary hearings about a person claiming he was not read his rights when questioned after arrest. The arrest itself cannot be disputed, but any questions asked and answers given cannot be used in court if they are not freely given and Miranda has not been advised. Basically, due process has taught law enforcement to cross all their "t's and dot all their "i"s when doing their reports. ]
carl1980|Points 552|
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Asked 8/31/2013 2:49:45 PM
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