Larissa
29th January 2003, 15:10
"Liberty has become much more fragile under the Bush-Ashcroft-Rumsfeld administration"
By way of introduction to this Village Voice article, let me point out what most Americans know, or should know: The Constitution guarantees that the government cannot take away a person's basic rights to "life, liberty or property, without due process of law." The Sixth Amendment guarantees a criminal defendant a fundamental right to be clearly informed of the nature
and cause of the charges against him or her. The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law.
Until recently, Americans could expect to be read their rights and charged with a crime before being put in jail.
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E.
Householder Co., 125 So. 2, 7 (Fla. 1929).
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed
against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
In short, due process is "the basic principle that every man shall have his day in court." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
Here's the article:
Nat Hentoff
Liberty's Court of Last Resort
Nobody Knows Hamdi's Own Story
The Village Voice, January 24th, 2003 5:00 PM
http://www.villagevoice.com/issues/0305/hentoff.php
By way of introduction to this Village Voice article, let me point out what most Americans know, or should know: The Constitution guarantees that the government cannot take away a person's basic rights to "life, liberty or property, without due process of law." The Sixth Amendment guarantees a criminal defendant a fundamental right to be clearly informed of the nature
and cause of the charges against him or her. The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law.
Until recently, Americans could expect to be read their rights and charged with a crime before being put in jail.
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E.
Householder Co., 125 So. 2, 7 (Fla. 1929).
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed
against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
In short, due process is "the basic principle that every man shall have his day in court." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
Here's the article:
Nat Hentoff
Liberty's Court of Last Resort
Nobody Knows Hamdi's Own Story
The Village Voice, January 24th, 2003 5:00 PM
http://www.villagevoice.com/issues/0305/hentoff.php