Bill William Arganda’s Blog:
Due Process is…
Due process has one meaning, but two means in which both cop and attorney utilize it; one looks at is as the means to lock up criminals, and the other looks at it as the means in which the law was used to lock up those criminals. Police attempt to find out if the bad guys did something illegal, yet lawyers look at it to see if cops were the ones that did something illegal in the process. The only thing about it that changes is perception and approach.
Due Process is a significant component to our justice system in that its dual meanings have a singular goal: To justify the legality, or expose the illegality, of actions, in order to reach legal conclusions.
Having transitioned from nearly two decades of law enforcement to working with attorneys the last five years, I found how different each component sees the role due process represents. No matter the varying views, what is certain is that due process creates an avenue of reliance….reliance of the integrity that creates the structure which conclusions are reached, no matter the findings.
There is no entity of the justice system that can prove any conclusion without addressing the due process that determined that conclusion. We hear often that technicalities were grounds for a dismissal or retrial of a criminal case. Although public opinion often frowns at allowing a convicted criminal relief, it is that very same scrutiny of process that creates the certainty of integrity and proper function. If provided raw balanced scrutiny of process, then the system maintains its ability to rule fairly and efficiently.
However, once we allow any deviations from the due process design, we then alter the ability to rely on a just structure of law. Creative means such as case law often justify actions or changes in required actions, BUT never should we attempt to minimize or exploit the due process intent….that must be thee most important issue at hand when determining actions by both cop and criminal; was due process mirrored to reach proper conclusion?
Our system of laws are meant to protect, not manipulate…when we start stopping that belief, we stop protecting that constitutionally guaranteed relief.