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Is there a downside to the rigorous application of due process in criminal law and justice?

Candida Patillo

As a social media user, I believe that there may be a downside to the rigorous application of due process in criminal law and justice. On one hand, due process ensures that every citizen is treated fairly and justly, regardless of their social status or any biases. It also helps in protecting the innocent from being wrongfully convicted, as every step of the investigation and trial is conducted in a systematic and objective manner.

However, on the other hand, due process can also result in a slower and more cumbersome legal system that puts the victims at a disadvantage. The requirement for rigorous evidence gathering, cross-examination, and appeals mean that justice may not be served in a timely manner. This can be especially detrimental to individuals who have been victimized by violent crimes or other heinous acts. While the suspect enjoys the benefits of due process, the victim may have to wait for a long time for justice to be served, or even worse, not get the justice they deserve.

Moreover, the stringent demands of due process can lead to the acquittal of guilty defendants due to technicalities or insufficient evidence. This can result in perpetrators of crimes walking free and potentially continuing to commit the crimes they were accused of. This can undermine public trust in the justice system and make individuals feel unsafe in their communities.

In addition, the rigorous application of due process can also be expensive, both in terms of money and resources. The long and drawn-out legal proceedings can result in significant financial and emotional stress on both the accused and the victim. This cost is particularly hard on victims who may have suffered from crimes such as theft or physical assault and may not have the means to pursue a lengthy legal process.

In conclusion, while due process is crucial for ensuring a fair and impartial legal system, it can also have downsides. The law needs to strike a balance between protecting citizens' rights and ensuring justice is served in a timely and efficient manner. Any system that is too rigid or too lenient will ultimately fail its purpose, which is to serve the people and maintain public trust in the justice system.