In defending an aide accused of wife beating, President Trump asked, “Is there no such thing any longer as Due Process?” Alas, without defending all such claims, the president has a point that allegation often translates into culpability without an adherence to due process.It is fair to say that without due process, arbitrary judgment would prevail. The presumption behind this legal provision is that the state must respect the legal rights of the individual and guarantee that no accused is punished without an orderly and adequate procedure that is applicable uniformly in all cases.
With an epidemic of sexual harassment cases, due process is very often honored only in the breach. What this means, of course, is that the legal justification for punishment is dubious, even when warranted. British legal precedent passed this provision on to the New World, where it has been refined and ensconced. However, for many who have been victimized, legal machinery works too slowly and cumbersomely to generate the justice being sought.
Yet it would be a monumental mistake to assume due process can be eliminated or down graded. Kangaroo Courts relied on admission of guilt after punishment was meted out. In fact, the system of law this nation has enjoyed would be imperiled by any diminution in due process procedures.