Due process is legal requirement, that the state must respect all legal rights owed to any person. If your rights have been violated in the process of trial by authority, any other person, you are able to use that against them by taking them to court if you wish. Many amendments are for when there are rights that are commonly violated. There are also cases where rights were violated. In this essay we will explore the cases of Gideon v. Wainwright, Miranda v. Arizona, and TLO v. New Jersey.
There was a case where the sixth amendment was violated, this particular case was Gideon v. Wainwright. In this case, Gideon was arrested for breaking in, and robbing a pool hall. Gideon stole money from the cigarette machine. When Gideon was caught they found him guilty. During his trial, he could not afford himself a lawyer, and the officials did not provide him with one. Officials told Gideon only murder cases get free lawyers. However, in the sixth amendment it says, "if you have the assistance of counsel for his defense." After Gideon protested that the sixth amendment right was violated, the Supreme Court decided to re-trial with a lawyer, and then provided unfortunate people with a lawyer. In reference to this, if I was to go to court for a parking ticket, and was unable to afford a lawyer, they are to provide me with one.
Additionally, Amendment Five is also one of the rights of due process, that has been violated. The fifth amendment states that, "no person shall be held to answer for a Capital or other wise infamous crime unless on a presentment or indictment of a grand jury." This amendment was violated in the Miranda v. Arizona case. In this case Ernesto Miranda was arrested after a woman identified him as a kidnapper, and rapist. They forced him to write a confession, and interrogated him for two hours. His lawyer appealed the case because he was not told that he had the right to a lawyer, and to not self incriminate.
