We continue our conversation of Article 1, Section 17. This time we are delving in the concept of due process.
Article 1, Section 17: No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.
In this podcast we will learn:
- You ensure due process, you are guaranteed an impartial decisionmaker; notice of the charge or action being taken against you; a hearing which allows you the right to respond to the action being taken against you.
- Does the government action being taken relate to the purpose it is seeking to accomplish? [Hint: it’s not an easy answer]
- Fairness is the bedrock of due process, but what makes something ‘fair’?
- Not everything is a constitutional guarantee, especially if the right is created by statute.
- When does a civil action become a de facto criminal action by the government?
- Does a criminal defendant as a person have a right to go to the scene of a crime if his attorney could go on behalf of a Defendant?
- Trial, Re-Trials and Hung Jurys (Oh My!)
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