Due Process

[palani]

The worse the society, the more law there will be. In Hell, there will be nothing but law, and due process will be meticulously observed.
-- Grant Gilmore

Under the 14th amendment constitution there is a promise


No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

and a restriction


The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.

So who has a clue as to the elements that comprise "due process"?

If you don't know what it is I expect you have some cause to be worried.

[BillBoard]

Under the 14th amendment constitution there is a promise



and a restriction



So who has a clue as to the elements that comprise "due process"?

If you don't know what it is I expect you have some cause to be worried.

You mean the opportunity to receive notice and be heard?

[BillBoard]

http://www.kentlaw.edu/perritt/courses/property/Judge%20Friendly%20list.htm

Judge Friendly’s list of elements of Procedural Due Process

1. unbiased tribunal

2. notice of proposed action and grounds asserted for it

3. opportunity to present reasons why shound not occur

4. right to call witnesses

5. right to know opposing evidence

6. right to have decision based exclusively on evidence presented

7. right to counsel

8. making of record

9. availability of statement of reasons

10. public attendance

11. judicial review

[palani]

You mean the opportunity to receive notice and be heard?

Notice is the first element

The Notice endows one with the right to inquire (the second element).

When one is done inquiring due process is complete and it is off to hearing you go. Of course the hearing is absolutely optional if a meeting of the minds occur (rarely does this occur as the terms that are offered are not typically in your favor).

The end of the inquiring element occurs when the first statement is made (can't go on forever you know).

My respect to Judge Friendly but most of his list is bull crap. It is much simpler than he indicates. Of course, he makes it complicated because the guild (the BAR) wants it complicated.

Just learn to ask questions like a 2 year old (endlessly).

[Ponce]

The laws of yesterday are not the laws of today.......so that if you want the laws of yesterday you must do something about it, other wise you are nothing but a "home grown" terrorist...........like Bush said "You are with me or against me".

[palani]

..like Bush said "You are with me or against me".

Bush has to be careful. There are parts of the world he cannot go without being indicted for war crimes.

The only law you have to worry about are the ones you carry about with you daily.