Rahul Sharma's AP Govt Blog 4.2
Due Process
Rob Porter and others who have been accused of sexual abuse or harassment are not being deprived of their life or their liberty as a result of the allegations made against them.
The due process of a court action is often a very complicated and lengthy affair, involving pretrial discovery, witnesses, and a judicial proceeding.
The government cannot charge you with a crime or take other action against you without notifying you of the charges or proposed action. And that you must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken.
One fundamental aspect of due process is the requirement that the government hears the other side whenever any individual, however lowly and unfortunate, asserts a legal claim.
Reputable journalists seek confirmation of their stories and solicit a response from the person accused.
Due process as a cultural matter is influenced by legal ideas but is really a cluster of fluid notions that arise when people in different social and political contexts react to what they perceive as unfairness, abuse, and oppression.
Roy Moore is the ultimate example of the use of “due process” as a way of avoiding a question of serious misconduct. While it is good to remind people that an accusation is not proof, that does not mean that the public is not supposed to reach conclusions on the strength of the available evidence. Due process does not mean immunity from public judgment or scrutiny.
As the Court itself has noted, “the fundamental requisite of due process of law is the opportunity to be heard.” More recently, the court has emphasized the “deep-rooted historic tradition that everyone should have his own day in court.”
The extent to which the Constitution’s due process clauses create substantive rights is always controversial; it often means that the judge believes in a broader rendering of substantive due process rights. The other form of due process is procedural due process, which is likely what President Trump referred to. This form requires the government to observe certain procedural protections before depriving a person of life, liberty, or property.
Comments
Post a Comment