27th March 2013-03-29
Citizenship homework – (Due Process)
Due Process is guarantee that all legal proceedings will be fair and that someone will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. It is also a guarantee that a law shall not be unreasonable, arbitrary or capricious.
An Unfair Trial is when a court trial doesn’t follow the ‘The Rights to a Fair Trial.’ These rights are:
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly, but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights -
- To be informed promptly, in a language which he or she understands and in detail, of the nature and cause of the accusation against him.
- To have adequate time and facilities for the preparation of his defense.
- To defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require.
- To examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against...
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