Due Process

Question: Due Process...? Just two questions on due process: -Should young people under the age of eighteen have the same due process rights as adults? Why or why not? -Why is it important to assure procedural due process for people accused of serious crimes? How does protecting the rights for the accused also protect the rights of law-abiding citizens? Explain. Thanks in advance!

Answer: Seen an old western, where they think someone is guilty and just hang him? Due process is for the protection of the innocent. It applies to all accused because you are presumed innocent until found guilty. That is why. As you youths, they are not tried in court, but adjudicated. If you are tried in court, as an adult they get the same due process rights as an adult.

Question: due process? i need to know 4 examples of a person's due process rights being violated, can anyone think of anything?

Answer: due process: when someone is deprived or punished (legally) and they arent granted legal procedures like a trail. Ex] 1. You get a speeding ticket, but you were going under the limit. So, you take it to court, but you arent granted a session. 2. You get arrested for robbery, you are given a lawyer if you don't have the money. But you dstill dont get one 3.&4. Basically more examples of you not granted a trail when you're supposed to.

Question: What is the difference between the due process guarantees in the Fifth Amendment and the Fourteenth Amendment? What is the difference between the due process guarantees in the Fifth Amendment and the Fourteenth Amendment? A. They offer identical protection, but the Fifth applies to the federal government while the Fourteenth applies to the states. B. The Fifth Amendment creates a broad zone or penumbra of rights that are not normally considered part of the Fourteenth Amendment. C. One amendment focuses on procedural due process while the other emphasizes substantial due process. D. They offer identical protection, but the Fourteenth applies to the federal government while the Fifth applies only to the states.

Answer: A. The reasons are very convoluted and make no sense at all on the face of the amendments themselves. You have to trace this through a long string of Supreme Court precedent to understand where this constitutional interpretation comes from, but ultimately the answer is that the federal government and the state governments must provide exactly the same rights. The states are bound by the 14th amendment and the federal government is bound by the 5th. There are a number of other aspects in each amendment that aren't in the other, but that's the analysis for their respective due process clauses.

Question: The Due Process Model advocates contend that it is better to let 10 guilty people go free rather than convict? The Due Process Model advocates contend that it is better to let 10 guilty people go free rather than convict one innocent person. Do you agree with this?

Answer: Yes I do. Have you put yourself in the shoes of the 1 wrongly convicted yet? The other 10 will eventually get the justice they deserve, but where is the justice if you rot in a cell for something you didn't do because there is no due process.

Question: What is due process and how does it protect us in our daily lives? What is due process and how does it protect us in our daily lives?

Answer: "Due process" is a term of the 5th and 14th Amendments, requiring that no person be derived of life, liberty, or property without due process of law. In order to deprive you of any of the above, the government must follow the process delineated for the deprivation. In your daily life, you remain free and not imprisoned because due process requires a warrant or probable cause, arrest, and trial to place you in prison. You have a driver's license because you followed your state's procedure for obtaining a license, and the state cannot take it from you unless a procedure is followed. (Though some states refer to a driver's license as a "privilege.")

Question: What is the point of having courts, and constitutional due process, if Obama can assess and collect fines? After the BP shake down, it seems apparent that liberals have relieved America of the need for courts and due process. Obama clearly threatened BP, and BP paid up "voluntarily" What did the constitution mean when it said "No person shall be deprived of liberty or property, without due process of law" Does the constitution mean anything to liberals?

Answer: rules, rights and laws don't matter to the left, all they care about is power, control and money

Question: What is the due process clause (of the Fourteenth Amendment) and how has it been used by the judiciary to appl? What is the due process clause (of the Fourteenth Amendment) and how has it been used by the judiciary to apply the Bill of Rights to the actions of the state governments?

Answer: due process states that everyone convicted of a crime has certain rights. these rights are to life, liberty, and persuit of happiness, it ensures a fair trial to all, which is due process stating that no one can just be thrown in jail without a trial!

Question: How is due process shown in the Declaration of Independence? How is Due Process shown in the Declaration of Independence? Can anyone privide me with credible information/examples? Best answer will be chosen tonight (if there is any actual one's) :)

Answer: He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. . . . He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation: . . . For depriving us in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended offenses: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule in these colonies: For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments: . . . He has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. . . . And so on

Question: is it due process if only the substantive due process is observed? if there was no complaint in the court of a law passed, there would be no hearing. since procedural due process requires hearing, does this mean that only the substantive due process was observed? therefore, can it be considered as complying with the due process without procedural due process?

Answer: Substantive due process is an entirely separate body of jurisprudence from procedural due process. Substantive due process has nothing to do with whether the proper judicial procedures were observed during your adjudication. Instead, substantive due process issues generally surround whether the "substance" of a challenged law in some way impinges on a "fundamental liberty interest" that the Constitution (assuming we are talking federal law) guarantees, usually through the XIV Amendment. While both procedural and substantive due process may both be at issue before a given court, the two are not inextricably linked. Neither are they mutually exclusive. Substantive due process is also the greatest legal fiction ever foisted on the American people, but that's another story for another day...

Question: How does the "due process" clause of the 14th amendment assure the right to privacy? I don't see the connection in the actual grammar of the "nor shall any State deprive any person of life, liberty, or property, without due process of law"?

Answer: They have the fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. You are protected under all Amendments.

Question: true or false the due process of law clause allows the police to use whatever power is nessesary in protecting? 1. the due process of law clause allows the police to use whatever power is necessary in protecting citizens. 2. if a police officer suspects that a car has illegal drugs inside it, they can search the car without a search warrant. 3. school officials must obtain a search warrant to search the personal possessions of students. does anyone know if these is true or false. thanks.

Answer: Alright. Police, which I happen to be, have more obstacles than any other profession on the planet all to ensure you as a citizen remains protected from "Government" intervention in respect to your freedoms. Ready? Police require "Probable cause." What is probable cause? It is more than mere suspicion, but something less than evidence which supported by circumstance sufficiently strong in themselves leads a prudent and reasonable man to believe that the accused is guilty of the offense."

Question: What does substantive due process guarantee? What does substantive due process guarantee? A. Laws will apply to everyone, not just some people. B. All people born in the United States have all the rights of citizens. C. The law will be applied fairly. D. The substance of the law will be fair.

Answer: D

Question: How did the british deprive any person of life, liberty, or property without due process of law? How did the British deprive any person of life, liberty, or property without due process of law? And isn't the right that government may not deprive any person of life, liberty, or property without due process of law the fifth ammendment.

Answer: any one in mind that has been deprived ??? I also was under the impression that the UK has yet to actually follow ALL of the USA doctrines.ie the 5th does not mean a thing over there...........

Question: Does due process apply to students accused of academic dishonesty in the England ? I know in the United States, due process was struck down in the 1960s but does it still apply in the England or Scotland as I think Scotland has its own Legal System? due process does apply in the US but it does not apply in the context of Academic Dishonesty in Colleges as that comes the duristriction of the College and not Federal Law ie you cannot appeal against a College suspension in Federal Courts

Answer: I'm puzzled that you think due process does not exist in the US, as it is a constitutional bedrock and definitely applies to a student in a public institution and under some circumstances a private one. I am not aware that due process is a constitutional principle in the UK, though surely something like it must be respected. And EU treatues and conventions certainly provides a basis for "due process" type claims. EDIT: Yes, you can indeed make a Federal case out of a denial of due process. College is a particularly easy place to do that, in fact, because most Universities are funded in part by the Federal government. But you have due process rights any time you are dealing with a governmental entity, state, federal, local in the US. Due Process is a Constitutional right guaranteed to all. Private entities usually do not have to give you due process. You can indeed appeal being suspended to the courts, state and eventually federal if you wish. You probably won't have a good case as the amount of due process required is not vast in such a situation. But if you were simply suspended without any type of notice, hearing, or proceeding to appeal the suspension that would be a denial of due process and you can go to court to get it remedied.

Question: Is the right to due process only applicable to americans? why does our government act like it?? Before you answer, please think about what due process is really about....and how if you believe in the spirit of why we believe in due process for americans, why is it that you would not believe that others have a right to it too.

Answer: Others who are in America have that right, they have many rights that they would have no where else. If you are referring to the detainees at Gitmo then you should realize that this is a unique situation that we have never had before. Not that it's the right way to handle it, I myself would have made most of them POWs and tried the actual terrorists for murder and crimes against humanity. But then I nor you have the knowledge or power to make that determination. SFC US Army retired

Question: . Should the public’s safety needs to considered more important than individual’s right to due process? . Should the public’s safety needs to considered more important than individual’s right to due process?

Answer: Boub, it could in an absolute extreme situation... Like a time of war... In any other situation - if there is no individual's right - there is no, really, any "public safety"... Because there is no "public"... Just almighty GOVERNMENT and a herd of nobodies and nothings - servants of that government. Got it?

Question: Why a person thought of a crime, is it legal to convict him without due process? Why a person thought of a crime, is it legal to convict him without due process?

Answer: Any trial which violates the mandatory doctrine of due process of law as enshrined in 14th amendment is unlawful and ab initio void. No matter what grave crime is alleged against him when one deprives him of his liberty to defend himself the trial gets vitiated and any judgment so passed is illegal and unlawful.Under the due process clause any prisoner under trial as laid down by US Supreme court will be entitled to have access to library if the prisoner so wishes.This consideration shown by the Supreme Court to a prisoner is sufficient to show the importance of due process clause.

Question: Has anybody been part of a due process hearing before and can give me an idea of what to expect? There is a due process hearing for my sons educational placement and related services and I was hoping someone could give me an idea of what to expect and maybe how to be prepared. At this time I'm representing him wiithout a Lawyer or an advocate. The due process hearing is about IEE's, being taught at his academic level, having an aide for core classes and assignment modifications.

Answer: The one I was involved in both sides had lawyers, but it is very similar to a formal court proceeding.. just a little less formal. There is a hearing officer that acts like a judge and both sides call an interview witnesses.. present their evidence etc. Then you have to wait a month or more for a hearing from the officer. There are videos and lots of good information on due process hearings at www.wrightslaw.com

Question: Has right to due process of law been violated? I have a friend who was arrested in May on a misdemeanor. Since then, his court date has been moved three times because the prosecutor doesn't have time to review the evidence and discuss the details of the case with him. The next court date is in November and it appears that too will result in another delay. Has his right to due process been violated?

Answer: Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses "Although the United States Constitution guarantees the right to a "speedy" trial, there is no universal definition of a "speedy trial". Some jurisdictions have created statutory limitations within which a criminal case must pass through the system, and in some that time frame is different for incarcerated defendants than it is for those who are free on bail or their own recognizance. Where specific time requirements are provided, cases may be subject to dismissal simply because the specified time has elapsed, although there are exceptions for certain situations involving good cause or delays occurring at the request of the defendant" From what I learned in my law class, the case is subject to be dismissed after 6 months, check your statutory (state) guidlines. Very nice of the lawyers to mention this to you, they knew this but with held the information because it portrays incompetence for lawyers in general and no regard for the constitution. "It depends on the crime, but delays of even a year or two are not uncommon" Good thing the courts care about the constitution more than assembly line justice. You don't just get to ignore the constitutions 6th amendment right to a speedy trial at your convinence or because you're to busy.

Question: How much does procedural due process hinder/constrain administrative discretion? Describe the jurisprudence of administrative due process in Morgan-v-US and Matthews-v-Eldridge.

Answer: He loves righteousness and justice; the earth is full of the steadfast love of the LORD. The counsel of the LORD stands for ever, the thoughts of his heart to all generations.