Question

Based on due process, which of these instructions would a judge give to the jury in a criminal trial?

Answer 1

Answer:

The Court has held that practically all the criminal procedural guarantees of the Bill of Rights—the Fourth, Fifth, Sixth, and Eighth Amendments—are fundamental to state criminal justice systems and that the absence of one or the other particular guarantees denies a suspect or a defendant due process of law under the Fourteenth Amendment.1077 In addition, the Court has held that the Due Process Clause protects against practices and policies that violate precepts of fundamental fairness,1078 even if they do not violate specific guarantees of the Bill of Rights.1079 The standard query in such cases is whether the challenged practice or policy violates “a fundamental principle of liberty and justice which inheres in the very idea of a free government and is the inalienable right of a citizen of such government.”1080