What is the due process of law? what does it do ?
2006-09-05 08:45:42 · 6 answers · asked by Anonymous in Politics & Government ➔ Other - Politics & Government
It requires that proper procedures be followed. In other words, it prevents the govt (or any govt authority) from ignoring the rules and taking things from you (liberty or property) on a whim.
At the minimum, due process require proper notice of what is being done to you, why and under what legal authority. So, if property is being taken from you or you are being detained (loss of liberty), you need to be informed what law allows them to do that.
Due process also requires some type of fair hearing, by a property authority, at which you can tell your side of the story. Depending on what is being take/infringed, this hearing may occur before or after the taking. There is no guarantee that the hearing will come out in your favor, but the decision must be according to established laws and not arbitrary or capricious.
2006-09-05 08:47:55 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
In United States law, due process is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
Due process has also been interpreted as placing limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty.
Many nations have similar concepts; for example, Canada and New Zealand have a similar concept that they call fundamental justice.
2006-09-05 08:49:32 · answer #2 · answered by Jay 6 · 1⤊ 0⤋
It means that everything is being done properly, legally and within certain time limits. Before there was due process, you could be arrested and held forever without ever being charged. Due process says that they have 72 hours to charge you or let you go and you have a right to a speedy trial unless you refuse to have one.
2006-09-05 08:52:38 · answer #3 · answered by exel 2 · 0⤊ 0⤋
I can't tell you what it is any more since it doesn't exist any more. What it was, was your right to have the full due process of law to keep you from being wrongfully accused/convicted of an offense. Mostly related to the habeus corpus, but they have shi%^anned that so no more due process. You now have 1 shot.
2006-09-05 08:49:22 · answer #4 · answered by Richard B 3 · 1⤊ 0⤋
It entitles everyone to be treated equally before the law...no more, no less. For example, "due process" means that everyone arrested for any crime is entitled to be represented by an attorney. If you are arrested, you are entitled to a trial by a judge or jury of your peers.
2006-09-05 08:48:34 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The 14th amendment in the United States.
2006-09-05 08:51:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋