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  • There are certain individual rights

  • that are recognized as absolute when

  • it comes to modern society, and, yes, these rights unfortunately

  • include tweeting that you had a Caesar salad for lunch--

  • freedom of speech, after all.

  • But another fundamental right is the right to due process.

  • You may be familiar with the term,

  • since it's an integral part of American judicial philosophy,

  • not to mention the Bill of Rights.

  • In fact, it's the only command in the Constitution

  • stated twice, but what does it mean, exactly?

  • Essentially, due process is the legal requirement

  • that a government must respect all of a person's legal rights

  • before taking from them, and I quote, "life, liberty,

  • or property."

  • Specific elements of due process include the right

  • to a notice of the charges against you,

  • the opportunity to be heard, and the opportunity

  • to defend yourself.

  • When a system of law ignores any one of these steps

  • before convicting someone, this constitutes

  • a violation of due process and the rule of law.

  • This is not a new idea, by the way.

  • The very concept of due process was originally

  • documented in the Magna Carta, no, the other one.

  • Florida law, like most everywhere,

  • includes within the idea of due process certain protections.

  • For example, you can't be forced to testify against yourself.

  • Due process also means no double jeopardy,

  • which does not mean two doses of a TV trivia game show.

  • It means being tried for the same offense twice.

  • It must be remembered that due process only

  • applies to the government, either state or federal,

  • and not necessarily to, say, a private school

  • disciplining a student.

  • The one thing the idea of due process lacks is specifics.

  • It doesn't really outline which exact processes are due.

  • The basic idea is that someone accused of something

  • should have a chance to face her accusers

  • and give her side of the story, so most everyone

  • agrees that, at a minimum, due process

  • must include notice of the accusation,

  • a hearing of some type, and a ruling.

  • The particulars are usually covered

  • in each jurisdiction's code of law

  • for different types of cases.

  • Nonetheless, due process is supposed

  • to apply to all citizens, without exception.

  • If you think you're being prevented due process

  • or just want to find out more about it,

  • visit LegalYou, because you have a right to know your rights.

  • LegalYou, you can do this.

There are certain individual rights

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デュー・プロセス (Due Process)

  • 65 10
    Amy.Lin に公開 2021 年 01 月 14 日
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