About Due Process!!?

Question

what does it mean in general?

what would be due process at your arrest, booking, arraignment preliminary hearng, and trial?

Answer 1

Due process is the concept that laws and legal proceedings must be fair and even handed. The Constitution guarantees that the government cannot take away a person's basic rights to life, liberty or property, without due process of law.

With regard to a criminal proceeding, it means that you're entitled to fairness and equality every step of the way, including proper procedure before court, a hearing in open court, to know the charges against you, to see the evidence against you, to cross examine witnesses against you, to present your own evidence and witnesses. You're also entitled to a presumption of innocence, which generally leads to bail being set pre-trial - except under precisely defined circumstances, and a hearing to see if your case fits those definitions.

Answer 2

Due process (more fully due process of law) is the principle that the government must normally 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 frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. The latter interpretation is analogous to the concepts of natural justice and procedural justice used in various other jurisdictions.

Answer 3

1: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles
(called also procedural due process)

2: a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual
(called also substantive due process)
Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states ``no person shall . . . be deprived of life, liberty, or property, without due process of law,'' and in the Fourteenth Amendment, which states ``nor shall any state deprive any person of life, liberty, or property without due process of law.'' The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3: the right to due process
Example: acts that violated due process