What Is the Difference Between Common Ground and Due Process?

"Due process" refers to the legal protection that you are granted by the Constitution when the court intends to take a decision that could affect your right to own property, your freedom or your life. "Common ground" refers to the assumptions of the limits of the court's powers to investigate or arrest you when you are suspected of a crime. Both of these terms, however, have the ability to make you become an "adversary struggle' during prosecution.
  1. Doctrine

    • The most basic rights as protected by due process doctrine are the rights to be served by notice, to be provided an opportunity to be heard, as well as the right to have an impartial judge intervene during the process of prosecution. Common ground allows for a delay in making a ruling on your case when procedures of classifying your crime and identifying you as a criminal have failed to concur.

    Constitutionality

    • Due process, found in the Due Process Clause of the Fifth Amendment to the United States Constitution, declares that no one should have their life, freedom or property taken away from them by the court, without due process of law. In establishing common ground, the constitution requires that when it appears obvious you have committed a crime, but reasonable chances of arresting and convicting the real perpetrator exist, you are supposed to bring up the criminal process.

    Legality and Procedure

    • With regard to due process, it is inadequate for the government to act in accordance with the law entirely. You are entitled to have the court offer or observe a just procedure despite the fact that the procedure has been granted by the law on the basis upon which it is acting. The common ground presents a general assumption that measures of investigations or prosecutions that are exercised by the police or law enforcers should he constantly checked with the fact that your privacy or security is not invaded at their own will.

    Interpretation

    • The basis of due process by necessity welcomes the direction that is a person is accused of a crime, those persons suspected of having committed a crime by necessity need to be interrogated. Common ground promises that when treated as a suspect, you do not automatically qualify to be prosecuted; however, you may force the state or the police to demonstrate to a judge or a jury (independent authority) that you are indeed guilty of the alleged crime.

    Legal Application

    • When the court acts against your right as an individual, the due process is duly applicable; however, due process is not required by the Constitution to establish laws, but to protect your right as an individual. When identified as a criminal by law enforcers, common ground instantly becomes applicable. This is because it declares that the procedure of classifying the crime and the process of dealing with a criminal are independent and must concur if you have to be prosecuted.

Learnify Hub © www.0685.com All Rights Reserved