2.12: What is "Due Process?"
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.12: What is "Due Process?"
All of this is due process. It is probably not a complete list!
1: Victim has injury caused by a human (not an accident)
2: civilian complaint
3: probable cause determined (connection between accused and victim's
injury)
4: warrant issued
5: if accused is searched, or has self / property seized, then this happens
after 1-4 in that order
6: Grand Jury decides the accusation and offense is real, and that the
accused probably has something to do with it.
7: accused given fair bail
8: accused gets speedy trial
9: accused tried by jury of peers (like minded people in the same community
where the crime occurred -- no change of venue!)
10: jury informed of their rights and duties according to US Constitution
11: accused gets benefit of assistance of any chosen counsel (may not be
a state-licensed attorney)
12: accused can fire counsel at any time!
13: accused gets witnesses on own behalf
14: accused told nature of charges
15: accused not denied the right to speak freely
16: accused not denied any rights by courts
17: accused is presented with accusors and cause of action
18: if found guilty, accused can still petition for redress (appeal)
19: if guilty, accused given fair fines
20: accused does not have property taken with out compensation
21: accused charged/tried once for one crime
22: accused not forced to confess,
23: accused not tortured, or given other cruel punishment
24: accused has open, public trial
25: accused has equal protection of the law (no favorites, like the
rich, or the incorporated, etc)
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