What legal concept ensures the rights of the accused are respected during the criminal process?

The legal concept that ensures the rights of the accused are respected during the criminal process is due process. Due process is a fundamental principle that guarantees fair treatment through the judicial system. It is enshrined in the Fifth and Fourteenth Amendments of the U.S. Constitution, which require that all individuals be given a fair trial and that legal proceedings be conducted fairly and impartially.

Due process encompasses several rights, such as the right to be notified of charges, the right to an attorney, the right to a fair and public trial, and the right to present a defense. This concept is crucial in protecting individuals against arbitrary action by the state and ensuring that the legal system upholds justice.

In contrast, equal protection pertains to the principle that individuals in similar situations should be treated equally under the law, but it does not specifically focus on the procedural rights of the accused. Double jeopardy protects against being tried twice for the same offense, while self-incrimination refers to the right of individuals to refuse to testify against themselves. While these are important rights, they fall under the broader umbrella of due process, which directly addresses the overall fairness and respect for legal rights throughout the criminal process.