Bill of Rights
I am going to discuss the courts going through the motions in the Criminal Justice-due process. The US. Supreme Court has through the due process clause of the 14 Amendment, consist of the protections and the prohibitions contained in the Bill of Rights. The Supreme Court also requires that the state and local government obeys those portions of the Bill of Rights that have been incorporated through noble law-makers.
Procedural due process is simply a requirement that the substance of any law be applied to a person with fair procedures by any tribunal that is hearing a case. (Robert Bork,” The Tempting of America, 1990, p. 31) All rights protected by it include the right to a fair trial, and in reference to a criminal case, the right to be presumed innocent until proven guilty and that the court should not convict unless there is proof beyond a reasonable doubt, the right to not to have evidence introduced against you at the trial if it was illegally obtained, the right to cross examined the witnesses who testified against you, and so on.
Substantial due process is the concept that was put in place by the Supreme Court to override the law that the Justice don’t like. In essence the process requires the government to give an individual due process before taking way their fundamental rights. Substantive creates, defines, and regulates. (www.chacha.com)
Each state court system is structured differently. The majority of criminal cases are heard through state courts. The limitations for trial court where the jurisdiction will exist at the county or municipal level and have a restricted level and have a restricted amount of cases that they address (Neubauer,2000)
A procedural protection is one which consist of the process of a trial such as the right to a jury.