Rights of the accused

Rights of the Accused Name Institutional Affiliation: Rights of the Accused Introduction Framers and founders had the greatest fear that so much power had been vested upon governments, which allowed them to act unreasonably and unfairly. The framers incorporated the due process in the Fifth Amendment with an intention of preventing such abuse of power by governments (Bodenhamer, 2002). Define due process and its origins. The due process refers to the legal requirement that the federal government should give respect to all an individual`s legal rights. The due process offers a balance between the powers of law and ensures that individuals are protected from it. When the state causes harm to an individual by failing to follow the exact legal course, this means that the government has violated the due process. This is offense against the rule of law (Graham, 2007). Origins of the due process The origin of the due process can be traced through the Magna Carta. The Monarch of England vowed that no man should be disseized, imprisoned, destroyed, or outlawed in any manner. Further, the monarch vowed that no one shall go upon an individual unless by the lawful judgment by the law of the land. King Edward III was the first person to use the law of the land. This is when he gave a declaration that no individual, regardless of his state shall be imprisoned, indicted, or murdered without following the law due process (Graham, 2007). How due process protects the accused against abuses by the federal government The due process involves many steps aimed at protecting the accused against abuses by the federal government. First, the Fourth Amendment explains the police action: this amendment limits searches without a warrant and prohibits jailing with reasons that are not reasonable. This amendment protects the private property of an accused meaning that the police cannot seizure an individual`s property without a warrant (Breyer, 2005). This prohibits the government from entering into the home of an accused to conduct a search and seize evidence unless with the court`s permission. When government officials are investigating a crime, they must provide the court with enough evidence convincing the court to give a warrant to violate the property of the accused (Bodenhamer, 2002). Second, the Fifth Amendment provides the accused with information on how to obtain the correct information and use it as evidence in courts. In addition, this amendment forbids the illegal interrogations and gives an accused th...