What does 'due process' mean in the context of criminal justice?

In the context of criminal justice, 'due process' refers to the legal requirement that the state must respect all legal rights owed to a person. This principle is rooted in the idea that every individual is entitled to fair treatment under the law, which includes the right to notice and an opportunity to be heard before any governmental action that could deprive them of life, liberty, or property.

Due process ensures that individuals are given a fair trial and that legal procedures are followed, protecting against arbitrary decisions made by the state. It encompasses a wide range of rights, including the right to legal counsel, the right to remain silent, and the right to present evidence. This foundational concept is enshrined in the Fifth and Fourteenth Amendments of the U.S. Constitution, which provide that no person shall be "deprived of life, liberty, or property, without due process of law."

The other choices touch on important aspects of criminal procedure. The principle of a speedy trial falls under the broader umbrella of due process but represents a specific right rather than the overall concept. Likewise, having trials conducted publicly promotes transparency and accountability, which are important to due process but do not define it. The requirement that all evidence be presented in court is related