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acesn8s
12-09-2009, 11:40 AM
I am doing an essay for school and need to define "due process". Can this be defined clearly? What must happen to a person once they are arrested and before they are sentenced to jail/prison? If I could get some clarity on the subject, and some references (I don't dare use ChiefsPlanet as a source :D), it would be appreciated.

CoMoChief
12-09-2009, 11:55 AM
Dueprocess.com

acesn8s
12-09-2009, 12:00 PM
Dueprocess.comThat is a lawyer's website that hasn't been updated since 2002. No information comes from that site.

Jenson71
12-09-2009, 12:01 PM
Usually it means the process of going about conviction and trial have to be done by the government in a fair way. Follow the established rules and procedures.

An example of what is fair and established in process is after a person is arrested, they are read their Miranda warnings/rights: "You have the right to remain silent...." If a cop didn't do this, that means due process had not been followed.

Inspector
12-09-2009, 12:02 PM
Maybe just google it and see what you come up with?

NewChief
12-09-2009, 12:09 PM
It means if you want to avoid the process of going to jail, you better pay the lawyer his dues.

acesn8s
12-09-2009, 12:10 PM
Maybe just google it and see what you come up with?I did. I got more confused than I was before. :(

Baby Lee
12-09-2009, 12:13 PM
Due process wends it's way throughout the judicial system. On the down side, it'd be pretty hard to give a comprehensive overview in an essay. On the upside, there is plenty to talk about.

Due process has a role in nearly every government action nowadays, from the obvious aspects of the right to criminal trial, to examination and re-examination of all the procedures courts employ [jury instructions, rulings on motions, rulings on objections, etc.] to eminent domain, zoning laws, property tax assessments, nursing home regulations, all the way down the line.

Break down the difference between procedural and substantive due process.
Break down the difference between what qualifies as due process in civil and criminal proceedings, possibly adding some remarks on administrative due process, (ie, rule making agencies, oversight committees, etc).
Maybe map out how the 14th amendment's role has expanded over time, and how it shaped our notion of nationalized individual rights.

Inspector
12-09-2009, 12:13 PM
I did. I got more confused than I was before. :(

I hear ya. That happens to me all the time!

Lately I have trouble keeping up with the cartoons my grandkids watch.

acesn8s
12-09-2009, 12:20 PM
Due process wends it's way throughout the judicial system. On the down side, it'd be pretty hard to give a comprehensive overview in an essay. On the upside, there is plenty to talk about.

Break down the difference between procedural and substantive due process.
Break down the difference between what qualifies as due process in civil and criminal proceedings, possibly adding some remarks on administrative due process, (ie, rule making agencies, oversight committees, etc).
Maybe map out how the 14th amendment's role has expanded over time, and how it shaped our notion of nationalized individual rights.The essay isn't about due process itself. I wanted to define due process to provide clarity for arguments made later in the paper.

Mr. Kotter
12-09-2009, 12:21 PM
Due process wends it's way throughout the judicial system. On the down side, it'd be pretty hard to give a comprehensive overview in an essay. On the upside, there is plenty to talk about.

Due process has a role in nearly every government action nowadays, from the obvious aspects of the right to criminal trial, to examination and re-examination of all the procedures courts employ [jury instructions, rulings on motions, rulings on objections, etc.] to eminent domain, zoning laws, property tax assessments, nursing home regulations, all the way down the line.

Break down the difference between procedural and substantive due process.
Break down the difference between what qualifies as due process in civil and criminal proceedings, possibly adding some remarks on administrative due process, (ie, rule making agencies, oversight committees, etc).
Maybe map out how the 14th amendment's role has expanded over time, and how it shaped our notion of nationalized individual rights.

This.

Baby Lee
12-09-2009, 12:25 PM
The essay isn't about due process itself. I wanted to define due process to provide clarity for arguments made later in the paper.

Well if all you want is a soundbyte, I'd submit;

the fair, transparent and settled administration of governmental action insofar as said action could or would impinge on the life, liberty or property of a citizen or collection of citizens.

Mr. Kotter
12-09-2009, 12:27 PM
The essay isn't about due process itself. I wanted to define due process to provide clarity for arguments made later in the paper.

What due process is really about is that the government must "treat citizens 'fairly'"...which of course, is subjective; which is why it gets complicated. Procedural vs. substantive is an important distinction, as is modern jurisprudence related to rulings on the 14th amendment--as BL said (that have established legal standards for due process.)

BucEyedPea
12-09-2009, 12:31 PM
The essay isn't about due process itself. I wanted to define due process to provide clarity for arguments made later in the paper.

I believe its one's legal right to correct, fair and full process or treatment with the aim of remedying a situation or condition
That includes many things including a full and fair hearing using procedures deemed to be correct.

RaiderH8r
12-09-2009, 12:39 PM
The essay isn't about due process itself. I wanted to define due process to provide clarity for arguments made later in the paper.

Are you saying you're making an argument that is based on an idea which you know nothing about? Building houses on the sand much?

patteeu
12-09-2009, 12:44 PM
http://dictionary.law.com/Default.aspx?selected=595

due process of law
n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite, the term can be gauged by its aim to safeguard both private and public rights against unfairness. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall…be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle flows many legal decisions determining both procedural and substantive rights.

Baby Lee
12-09-2009, 12:48 PM
http://dictionary.law.com/Default.aspx?selected=595

I like mine better. ;)

patteeu
12-09-2009, 12:54 PM
I like mine better. ;)

Of course. "Mine" is more appropriate for his purposes though and it comes with a usable citation. :)

Yours is good food for thought and provides some ideas for his paper though.

Baby Lee
12-09-2009, 12:57 PM
Of course. "Mine" is more appropriate for his purposes though and it comes with a usable citation. :)

Since when has 'highly esteemed and learned colleague' not been a usable citation? ROFL

acesn8s
12-09-2009, 12:57 PM
Are you saying you're making an argument that is based on an idea which you know nothing about? Building houses on the sand much?Building an argument based on the violations of 4th, 5th, 6th, 8th, and 14th Admendments towards a certain group of people. I was trying to provide a short definition of due process in the introduction of the paper. I will get more detailed of the violations later in the body of the essay, but I needed to support my thesis statement.

Baby Lee
12-09-2009, 12:59 PM
Building an argument based on the violations of 4th, 5th, 6th, 8th, and 14th Admendments towards a certain group of people. I was trying to provide a short definition of due process in the introduction of the paper. I will get more detailed of the violations later in the body of the essay, but I needed to support my thesis statement.

http://www.indiewire.com/images/uploads/iw9/movies/2008_tropic_thunder_037.jpg

acesn8s
12-09-2009, 12:59 PM
Since when has 'highly esteemed and learned colleague' not been a usable citation? ROFLI think I will use the Constitution as my source but I needed something a little less wordy.