Difference Between Fair Trial And Due Process

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Firstly, Due Process is the right to a fair trial. It applies to the Fourth, Fifth, and Sixth Amendments and also precedent. The Fourth Amendment protects against unreasonable searches and seizures which ties into Due Process because it prevents the usage of evidence that was obtained during the unreasonable search or seizure. The Fifth Amendment protects against self incrimination which connects with this because if you do incriminate yourself without knowing your rights, then they cannot use it against you in court so it is a fair trial. The Sixth Amendment ensures that you have a right to a speedy and public trial which correlates with Due Process because it guarantees you won't be sitting in a jail cell for too long. Lastly is precedent, which is a rule that is used in court when deciding future cases with similar issues or facts. The Sixth Amendment Rights are trial by impartial jury in public, right to a speedy trial, informed of rights and charges, confront and cross-examine witnesses, compel witnesses to testify for you, and the right to an attorney. First off is trial by impartial jury in public, which means …show more content…
Musladin & Escobedo v. Illinois. In Carey v. Musladin, the family of the victim wore pins with the victim's face on them and the defense asked if they could take them off because it was prejudicial but the judge denied the motion. After appealing his conviction the Appellate Court agreed with them saying he was being denied his Due Process. In Escobedo v. Illinois, Escobedo was suspected of killing his brother-in-law and was arrested and then another man was arrested and then he was released. When he was rearrested, they interrogated him without a lawyer even though he asked for his. He made self incriminating statements which they used in court and he was convicted. After he appealed twice, the U.S. Supreme Court agreed that under his Sixth Amendment Rights it was not fair to
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