Perspecitva comparada del debido proceso de estados unidos frente a Colombia

Abstract

Due process in the United States , gives ample protection to the accused , got its start in the constitution and the bill of rights , they recognize the rights , freedoms and guarantees of citizens ,among these rights is the presumption of innocence , in which the defendant does not have to prove his innocence , but the government must prove the guilt of this ; beyond a reasonable doubt, these rights constitute the framework of the federal judicial system and state where the constitution has the most important role in the criminal process and prevail Amendments , fifth, sixth , eighth , and fourteenth that the due process are of vital importance since been applied in the implementation of state law , so the federal constitution gives a minimum of civil rights, against the authorities of justice as the police , prosecutors , courts and prison authorities , and states have the power to grant more guarantees to criminal defendants ; regarding due process in Colombia is conceptualized as a procedural legal principle that everyone is entitled to certain safeguards , designed to ensure a fair and equitable outcome in the process, and this allows you to be heard and to assert their claims against the judge, this warranty is enshrined in Article 29 of the national constitution ; which creates legal certainty by applying the most favorable law , presumption of innocence, and the fact that the process legitimize public due process