Due process

From Uniting Amendment
Jump to: navigation, search

Due process refers to the procedures that the government must follow when taking any action that could result in deprivation.

The Uniting Amendment preserves due process under the Constitution for all people everywhere in the world. Any proceeding that could result in deprivation must include:

-an unbiased tribunal;
-prior notice of actions and grounds for actions;
-the right to challenge any action;
-the right to preview a record of all witnesses, testimony and other evidence to be presented;
-the right to call and question witnesses;
-the right to present and oppose evidence;
-the right to representation by council; and
-the right to a speedy and fair trial.

Also:

-the cost to prosecute and defend the accused is covered by the State;
-the prosecution and defense receive and expend equal resources;
-the defendant may request or exercise any right at any time, even when previously waved;
-no one may be compelled to appear at any proceeding that requires travel exceeding two hours;
-no one may be compelled to follow an order by any court if the order stems from an act that violates due process;
-no person may be convicted of a crime unless the crime has infringed or abridged the rights of another;
-no one may be held in jeopardy more than once for the same offense or liability in any criminal, civil or other proceeding;
-the prosecution, including any grand jury, is burdened with determining all charges and actions against a defendant;
-any decision, findings, or opinion issued must be in writing and based solely on the evidence presented and apply only preexisting law;
-restrictions imposed under due process are limited only to those minimally sufficient to substantially reduce the possibility of future violations of law;
-the right to vote, the right to communicate, the right to life, and other rights supportive of due process are preserved;
-the interests of those who respect the rights of others shall prevail over those who have committed a crime;
-no quotas can be used that might influence prosecution, or the application or amount of any deprivations (penalties);
-all Citizens have standing to bring suit in matters of law or against actions of a government that may effect their rights or the rights of others, or in any matter of taxation or government spending;
-any party to an appellate proceeding may, at the onset of the proceeding, request that the issue be reviewed by a jury of citizens acting in consultation with the presiding justice or judge;
-the right of Citizens to serve on juries shall not be infringed and jurors may judge the laws and facts of all cases for which they serve;
-jurors may question any participant in a proceeding except an accused who is asserting her right to abstain from testimony;
-proceedings and remedies associated with the collection of debts, including tax debts, is limited to civil process and no criminal action or forfeiture of rights may stem from any debt or collection of debt, or from any enforcement or proceeding to collect a debt;
-remedies for tax debts are limited to payment of taxes due plus reasonable fines. No one may be compelled to forfeit her food, clothing, resident property of ordinary value, farm or garden for growing food for the family, household property, or tools of trade of ordinary value to any creditor, government, or other entity for any reason;
-all debts, including taxes and government-guaranteed loans may be dismissed in bankruptcy;
-no one may be detained except by one who has an articulable reasonable suspicion that the detainee has committed a crime or is about to comment a crime, such detention to last no longer than necessary to establish whether there is probable cause that the detainee has committed a crime and in no case shall such detention last more that one hour;
-detainees must be informed as soon as possible as to the reason for the detention;
-no one may be arrested unless there is probable cause that they have committed a crime, and in no case, and in no place in the world, may a person be held for more than twenty four hours without a hearing before a Magistrate.

Also, the number of people within any State who are incarcerated or who otherwise have their rights restricted under due process cannot exceed two percent of all people within the State.

Cases of unintentional violation of law due to ignorance are handled by education to the violator, education to the people generally, or education specifically to those who may encounter similar circumstances. However, ignorance doesn't waive restitution or civil remedies.


This article is a stub. You can help Uniting Amendment by expanding it.

Personal tools