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Old 12-09-2009, 12:40 PM  
acesn8s acesn8s is offline
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What is "due process"?

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 ), it would be appreciated.
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Old 12-09-2009, 12:55 PM   #2
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Dueprocess.com
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Old 12-09-2009, 01:00 PM   #3
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Originally Posted by CoMoChief View Post
Dueprocess.com
That is a lawyer's website that hasn't been updated since 2002. No information comes from that site.
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Old 12-09-2009, 01:01 PM   #4
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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.
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Old 12-09-2009, 01:02 PM   #5
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Maybe just google it and see what you come up with?
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Old 12-09-2009, 01:09 PM   #6
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It means if you want to avoid the process of going to jail, you better pay the lawyer his dues.
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Old 12-09-2009, 01:10 PM   #7
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Quote:
Originally Posted by Inspector View Post
Maybe just google it and see what you come up with?
I did. I got more confused than I was before.
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Old 12-09-2009, 01:13 PM   #8
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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.
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Old 12-09-2009, 01:13 PM   #9
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Quote:
Originally Posted by acesn8s View Post
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.
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Old 12-09-2009, 01:20 PM   #10
acesn8s acesn8s is offline
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Quote:
Originally Posted by Baby Lee View Post
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.
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Old 12-09-2009, 01:21 PM   #11
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Quote:
Originally Posted by Baby Lee View Post
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.
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Old 12-09-2009, 01:25 PM   #12
Baby Lee Baby Lee is offline
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Quote:
Originally Posted by acesn8s View Post
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.
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Old 12-09-2009, 01:27 PM   #13
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Quote:
Originally Posted by acesn8s View Post
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.)
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Old 12-09-2009, 01:31 PM   #14
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Quote:
Originally Posted by acesn8s View Post
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.
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Old 12-09-2009, 01:39 PM   #15
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Quote:
Originally Posted by acesn8s View Post
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?
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