due process

Examples of due process in the following topics:

• The Right to Due Process

  • Due process rights provides legal protections while a citizen is charged by the courts and other legal procedures.
  • At a basic level, procedural due process is essentially based on the concept of fundamental fairness.
  • The term substantive due process (SDP) is commonly used in two ways: first to identify a particular line of case law, and second to signify a particular attitude toward judicial review under the Due Process Clause.
  • The term substantive due process began to take form in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1950 had been mentioned twice in Supreme Court opinions.
  • Summarize the protections afforded by the Due Process Clauses of the 5th and 14th Amendments

• Incorporation Doctrine

  • The incorporation of the Bill of Rights is the process by which American courts have applied portions of the Bill of Rights to the states.
  • As described, the incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S.
  • Bill of Rights to the states, by virtue of the due process clause of the Fourteenth Amendment of the Constitution.
  • Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness.
  • Amendment V, the right to due process, has been incorporated against the states.

• The Rights of the Accused

  • The rights of the accused include the right to a fair trial; due process; and the right to privacy.
  • The rights of the accused, include the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.
  • Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment.

• Nationalizing the Bill of Rights

  • The incorporation of the Bill of Rights (also called the incorporation doctrine) is the process by which American courts have applied portions of the United States' Bill of Rights to the states.
  • According to the doctrine of incorporation, the Due Process Clause of the Fourteenth Amendment applies the Bill of Rights to the states.
  • On the other hand, some believed that incorporation should be selective, in that only the rights deemed fundamental (like the rights protected under the First Amendment) should be applied to the states, and it should be a gradual process.

• China

  • The U.S. maintains sympathy for a independent Taiwan due to its liberal, pluralistic democracy, and gives Taiwan extensive political and military support.
  • International human rights organizations have identified a number of potential violations in China, including the use of capital punishment, the application of the one child policy, the denial of independence to Tibet, the absence of a free press, the absence of an independent judiciary with due process, the absence of labor rights, and the absence of religious freedom.

• Forming Political Values

  • Political socialization is a concept concerning the "study of the developmental processes by which children of all ages (12 to 30) and adolescents acquire political cognition, attitudes, and behaviors".
  • It refers to a learning process by which norms and behavior acceptable to a well running political system are transmitted from one generation to another.
  • Family: Glass (1986) recognizes family as a primary influence in the development of a child's political orientation, mainly due to constant relationship between parents and child, detailed in the table Family as a Primary Influence below.
  • Schools: Most influential of all agents, after the family, due to the child's extended exposure to a variety of political beliefs, such as friends and teachers, both respected sources of information for students.Mass Media: Becker (1975) argue that the media functions as a medium of political information to adolescents and young children.
  • Political Parties: Scholars such as Campbell (1960) note that political parties have very little direct influence on a child due to a contrast of social factors such as age, context, power, etc.

• The Sixth Amendment

  • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
  • Describe the rights a defendant is due under the 6th Amendment

• Amending the Constitution

  • However, the Framers of the Constitution worried that too many changes would harm the democratic process.
  • This has never been used due to fears it would reopen the entire Constitution for revision.
  • This process was used during the Prohibition era.
  • The amendment process originally came with restrictions protecting some agreements that the Great Compromise had settled during the Constitutional Convention.
  • The Framers supported a process that would allow the newly created constitution to change, but also made sure it could not be changed too quickly.

• Informal Methods of Amending the Constitution: Societal Change and Judicial Review

  • The formal amendment process is one of two major ways to amend the constitution.
  • Informal amendments mean that the Constitution does not specifically list these processes as forms of amending the Constitution, but because of change in society or judicial review changed the rule of law de facto.
  • Due to a burgeoning middle class at the peak of the Industrial Revolution in the 1800s, society became focused on expanding rights for the middle and working classes.

• Types of Media

  • Media in the United States has taken multiple forms and grown in power due to its for-profit nature.
  • Critics allege that localism (local news and other content at the community level), media spending and coverage of news, and diversity of ownership and represented views have suffered as a result of such processes.