what is criminal procedure? can we convict an accused w/o due process? what is due process then?

Answer 1

Are you trying to get your homework done on here?

Due process is the process whereby the accused is tried and none of his Constitutional rights are violated. These rights include "right against self-incrimination," "rights to face one's accusers," "miranda rights," "rights against unreasonable search and seizure," "presumption of innocence until proven guilty," and more. These are the most common ones.

Criminal procedure is the entire process, from arrest to conviction. These aforementioned Constitutional rights belong to the accused and the State bears the entire burden of proof.

An accused cannot be convicted without due process (why cases are overturned on appeal); however, in certain situations, the accused can waive these rights and enter into a plea of guilty. In cases where the accused enter into a plea of guilty (90% or higher do this), the accused has waived his rights, assuming his or her plea is "knowing and voluntary."

Answer 2

criminal procedure versus civil procedure is tricky are you sure you mean criminal ?
anyway here goes ; criminal procedure requires the following in order to charge or convict;
if a misdamenor; the officer must witness the offense or have enough co-oberating evidence or witnesses to make a prudent person believe that a crime has occured and that a certain suspect is the perpitrator of the alleged crime, or thru an spontanious utterance by the susspect to the officer or in the officers prescence and hearing range, without having been asked by the officer. in a felony (which more and more crimes are becoming) a belief in conjunction with physical evidence or as witnessed by an officer or others, that can prove beyond a shadow of a doubt or that circumstantial evidence is so compelling as to make a prudent person come to the conclusion that the suspect is guilty.due process is your right to a jury trial, an attourney appointed if you can not afford or a bench trial with just the judge and those involved.

Answer 3

Due Process comes from the 14th Amendment of the Constitution. You cannot convict an accused without due process. Due Process is very simply "notice and hearing." Criminal procedure consists of the laws relating to the arrest, detention, trial, etc. of criminal defendants, including laws relating to the 4th, 5th, and 6th Amendments. You should read these things for yourself.

Answer 4

Due process means providing the accused an opportunity of being heard before conviction.

Answer 5

The standard rule of law, at least as it is recognized here in the USA, requires that there be a jury of one's peers - or, if the *defendant* requests it, a trial by judge - who will hear all relevant evidence from both sides and render its verdict. This is the due process portion of our legal system.

However, this is currently under attack, as the Executive branch of our government is seeking to do away with portions of our system of legal redress, specifically in the areas where alleged terrorists are being tried.

Other than that, however, it is a requirement of our Constitution that due process (and many other criteria) is met.

Answer 6

Innocent until Proven Guilty....thats what our judicial system is supposed to be built on. If Due Process isn't given, then there is a chance that later the accused will be released on a technicality. It will be a miss trial and he will go free.
First he is arrested, then goes to court for initial plea, then either back to jail or out on bond until hearing or trial, then trial, and if found guilty, he will go to jail until the sentencing hearing. At the sentencing he will find out how long he will be put in jail.

Answer 7

attorney, court, trial, evidence

Answer 8

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