DUE PROCESS - The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Courts have issued numerous rulings about what this means in particular cases.
The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law. A due process claim is cognizable only if there is a recognized liberty or property interest at stake. Board of Regents v. Roth, 408 U.S. 564, 69 (1972).
Under certain circumstances, state prison regulations may create a liberty interest that is protected under the Due Process Clause. Kentucky Dep't of Corrections v. Thompson, 490 U.S. 454, 461 (1989). To do so, the regulations must (1) contain `substantive predicates' governing an official's decision regarding a matter directly related to the individual; and (2) employ `explicitly mandatory language' specifying the outcome that must be reached upon a finding that the substantive predicates have been met. Id at 462-63.
The Sixth Amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, see In re Oliver, 333 U.S. 257, 273-74 (1948), guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him. In order to determine whether a defendant has received constitutionally adequate notice, the court looks first to the information. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S. Ct. 333 (1994). 'The principal purpose of the information is to provide the defendant with a description of the charges against him in sufficient detail to enable him to prepare his defense.' Id.
The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law. A due process claim is cognizable only if there is a recognized liberty or property interest at stake. Board of Regents v. Roth, 408 U.S. 564, 569 (1972).
It is clear that a court cannot, without violating the Due Process Clause, compel an accused to wear identifiable prison clothing during his trial. Estelle v. Williams, 425 U.S. 501 (1976). This is because the practice furthers no essential state interest, and 'the constant reminder of the accused's condition implicit in such distinctive, identifiable attire may affect a juror's judgment' and impair the presumption of innocence, which is 'a basic component of a fair trial under our system of criminal justice.' Id. at 503, 504-05.
Prison clothing cannot be considered inherently prejudicial when the jury already knows, based upon other facts, that the defendant has been deprived of his liberty. See Estelle at 507 (recognizing that '[n]o prejudice can result from seeing that which is already known'); U.S. v. Stewart, 20 F.3d 911, 916 (8th Cir.'94) (holding that when circumstances permit shackling defendant during trial, compelling defendant also to wear prison clothing is not inherently prejudicial because his condition as a prisoner is already apparent to the jury); U.S. ex rel. Stahl v. Henderson, 472 F.2d 556, 556-57 (5th Cir.) (holding that, where defendant was charged with murdering another prisoner while confined in prison, no prejudice resulted from trying him in jail clothes), cert. denied, 411 U.S. 971 (1973).
Due process is best defined in one word--fairness. Throughout the U.S.'s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
Example: Ezra and Sharon married in New York and had a son, Darwin. They divorced and Sharon moved to California; Darwin stayed with Ezra. Darwin later moved to California to live with Sharon; Sharon sued Ezra for child support in California. Ezra claimed that because he didn't live in California and had never been to California it would be unfair (a denial of due process) for him to defend the child support lawsuit in California. The U.S. Supreme Court agreed, saying that Sharon should bring her child support request in New York. Kulko v. Superior Court, 436 U.S. 84 (1978).
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THE BEST INTEREST OF THE CHILD
We believe that it is the Constitutional and God giving right of every PARENT, to parent their children.
We believe that children do not divorce their parents.
We believe that the best interest of the children is to have both fit parents; 50/50.
We believe that the laws in family divorce are antiquated, harm children, destroy lives and undermine a healthy society.
We believe that PAS, HAP and False Allegations occur everyday in America by one or both parents to destroy the bond between one parent or the other.
We believe that false allegators must be prosecuted.
We believe that Due Process must apply to Family Courts.
What would happen IF, America set forth that in divorce, BOTH parents share custody, BOTH parents work it out. What would happen IF in contemplation of marriage that both parties agree before that should divorce happen, (60% divorce rate in America), that each parent is separately responsible for the child(ren) when in their custody, THEREFORE eliminating costly courtroom dramas that cost thousands and hundreds of thousands and in some cases millions of dollars that would best be served on PROVIDING FOR BEST INTEREST THE CHILD(REN)?
DID YOU REALIZE THAT THERE ARE
No Constitutional Rights in Family Court, No Due Process in Family Court
14th Amendment to the Constitution of the United States of America |
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Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Join our coalition or a local coalitions in your state today and be part of the solution to bring dignity to families,
responsibility to Judges, awareness to the public and give our children 50/50 custody with both fit parents.
