Due Process
The due process model recognises the disparity of power between the state and the private citizen. The state has virtually unlimited resources to press its case against the citizen. We recognised long ago that the state, despite its power and investigative resources, sometimes makes mistakes. If the state was never wrong in its accusations, there would no need for trials and all that we would require would be a sentencing tribunal. The state and its agents are suspicious of many things. The due process model is there to guard against the arbitrary exercise of power.
The foundation of the due process model lies in the desire for certainty. Is guilt clearly established? Are we punishing the right person? If power is exercised in an arbitrary way, public confidence in the system and belief in state infallibility is rapidly undermined. Due process replaces arbitrariness with a systematic approach designed to minimise errors. The main manifestations of this are the enumerated......
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