The document provides an in-depth overview of the due process clause of the 5th and 14th Amendments to the US Constitution. It discusses that due process originated from the Magna Carta and requires the government to follow fair procedures before depriving someone of life, liberty, or property. The document also examines key Supreme Court cases that have interpreted and expanded due process rights. It analyzes the debate around substantive versus procedural due process and the impact of due process in protecting individual rights and limiting government overreach.
Theories of Female Criminality: A criminological analysis
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Subrata Banarjee
Nurjahan Khatun
Department of Criminology and Police Science, Mawlana Bhashani Science and Technology University
This Presentation is the one that i had submitted late and unfortunately i did not have enough time to improve this work because my professor is so strict. :( better luck next time
This Powerpoint is made for my demo when I applied in public school. I do recognize and give credits to the author or person who published this article. I hope this can help the SHS or even college students in their studies.
** Disclaimer:
All of the pieces of information on this site are the property of the respective owners. I do not hold any copyright in regards to these pictures and information. These pictures have been collected from different public sources including various websites, considered to be in the public domain. If anyone has any objection to display of any picture, image or information, it may be brought to my notice by sending an email (contact me) & the disputed media will be removed immediately, after verification of the claim.
Theories of Female Criminality: A criminological analysis
Mohammed J. Islam
Subrata Banarjee
Nurjahan Khatun
Department of Criminology and Police Science, Mawlana Bhashani Science and Technology University
This Presentation is the one that i had submitted late and unfortunately i did not have enough time to improve this work because my professor is so strict. :( better luck next time
This Powerpoint is made for my demo when I applied in public school. I do recognize and give credits to the author or person who published this article. I hope this can help the SHS or even college students in their studies.
** Disclaimer:
All of the pieces of information on this site are the property of the respective owners. I do not hold any copyright in regards to these pictures and information. These pictures have been collected from different public sources including various websites, considered to be in the public domain. If anyone has any objection to display of any picture, image or information, it may be brought to my notice by sending an email (contact me) & the disputed media will be removed immediately, after verification of the claim.
Protection of women from domestic violence act 2005Winnie Singh
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
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individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
● Members of uniformed services and their families
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
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BackgroundThroughout the more than two centuries since the r.docxwilcockiris
Background
Throughout the more than two centuries since the ratification of the US Constitution, there have been “schools” of thinking about how it should be interpreted. In other words, groups of political thinkers and judges have tried to think of principles that should guide judges as they exercise this great power to interpret, or say whether a law conforms with, the US Constitution. More conservative judges tend to argue that the text of the Constitution and the previous legal decisions of the Court, or precedents, are the only things that should guide decisions. More liberal judges argue that one can not literally apply the text of the Constitution to modern cases. There is so much happening now that the Framers did not discuss or could have possibly anticipated. Thus, one must take into account broader issues when interpreting. The Constitution must be allowed to evolve with the times, and the Court must consider the public good in their interpretations.
One court case in particular highlighted the debate of original and evolving meaning in the interpretation of the Constitution --
Griswold v. Connecticut
(1965). The state of Connecticut had a law from 1879 that prohibited couples, even married couples, from using contraceptives and physicians from prescribing them. Estelle Griswold opened a Planned Parenthood clinic in Connecticut which offered contraceptive devices to women. It was promptly shut down. She appealed to the US Supreme Court and won the right to distribute contraceptives.
The majority of judges, 7-2, argued in their opinions that the women who received the contraceptives had a “right to marital privacy.” While the word “privacy” does not appear in the Constitution, the majority argued that the penumbra, the shadow cast or the implied meanings, in the 9th
Amendment, as well as other parts of the Constitution, protected people in their persons (and in their marital intimacy) from state intrusion, something Connecticut had done with this law. The minority judges responded that the majority was simply making up law. The opinions of the justices in
Griswold
demonstrate the constant debate of original and evolving meaning in the US Constitution.
Source
Source 1: Justice William O. Douglas, Majority Opinion
“The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance…. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment, in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enabl.
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Due Sunday Oct 19th @ 10pm
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1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
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Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
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As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
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The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
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The law of evidence provides principle ...
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Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
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This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
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2. Due Process
- I chose the Fifth Amendment right to due process for this assignment.
- Due Process is a clause present in the Fifth Amendment of the Bill of Rights. Though,
the influence of this right extends beyond its context within the 5th Amendment. The
due process clause is reiterated in Section 1 of the 14th Amendment. The fact that it
is enumerated twice in the United States Constitution speaks to its importance.
3. Importance
- While attempting to define due process, I stated in a previous assignment:
"The right to due process of law states that the burden of proof rests on
the government in establishing guilt, protecting the individual from
having his/her life, liberty, or property stripped away at random and
without notice or just cause." Essentially, this means that the government
cannot take away my rights without a good reason and the courts must
testify to the validity of that reason. That's why due process is important
to me. As an American citizen, I have a duty to take an interest in my
government and my protection under the government in the form of the
individual rights and liberties afforded to me in any situation (even ones
I may never find myself in).
- The Constitution contains a system of checks and balances; knowledge is
power, and simply by being aware of constitutional rights, the individual
is given a great power or a "check" over the government.
- Due process upholds the standard that guilt must be proven and not
merely assumed. Assumptions of guilt only lead to the death of innocence
(often literally, as history tells).
4. Origin
- Due process has a long history. The development of the due process concept
dates back to 13th century England, when it was first mentioned in the
Magna Carta.
"No free man shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we
go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the
land." - Article 39, Magna Carta of 1215
- The clause itself, and the actual words "due process of law", appeared in a
later revision of the Magna Carta.
"No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor
disinherited, nor put to death, without he be brought to answer by due process of law.” - Article
29, Magna Carta 1354
- The Framers of the Constitution of the United States adopted the idea of
due process, incorporating it into the Bill of Rights.
5. Text
- The Due Process Clause is an integral part of both the Fifth and Fourteenth
Amendments to the United States Constitution.
Fifth Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of life or limb; nor 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; nor shall private property be taken for
public use, without just compensation."
Fourteenth Amendment, 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."
6. Text (Cont.)
- The text of the clause varies little between its two appearances. The difference is small
but has a significant implication. The clause as a part of the 5th Amendment states
that the government cannot take away its citizens' rights "without due process of
law"; the clause as a part of the 14th Amendment specifies that this due process rule
applies to more than just the federal government: state governments are also not
permitted to strip citizens of their rights unjustly.The purpose of the 14th Amendment
clause is to ensure the application of the Bill of Rights, and specifically due process,
at the state level.
Due Process Clause of the Fifth Amendment:
"No person shall be... deprived of life, liberty, or property, without due process of law."
Due Process Clause of the Fourteenth Amendment, Section 1:
"No state shall... deprive any person of life, liberty, or property, without due process of
law."
7. History: Supreme Court
- Several landmark Supreme Court cases can be linked to disputes involving
the due process clause. All of the following cases expanded upon or
further defined due process.
Gitlow v. New York (1925)
Ruling (in favor of Gitlow): First Amendment rights are covered under the
due process clause via "incorporation", which is when provisions of the
Bill of Rights are made to apply to state governments. This was a key
case in establishing the scope of the due process clause.
Gideon v. Wainwright (1963)
Ruling (in favor of Gideon): The defendant has the right to an attorney,
regardless of his financial ability to pay for one. The Sixth Amendment
right to an attorney applies to state governments (incorporation) under
the due process clause of the 14th Amendment.
Goss v. Lopez (1975)
Ruling (in favor of Lopez): A student cannot be suspended from school
without a hearing. The failure to conduct a hearing prior to or
immediately following a suspension constitutes a violation of the due
process clause of the 14th Amendment.
8. History: Supreme Court
Roe v. Wade (1973)
Ruling (in favor of Roe): Women cannot be denied the right to have an abortion under
the due process clause and the right to privacy. A state cannot deprive any woman
of this right.
O'Connor v. Donaldson (1975)
Ruling (in favor of Donaldson): Confining an individual that poses no threat to himself or
society is a deprivation of liberty without just cause or due process and is therefore
unconstitutional.
9. Impact
- The idea of due process was received quite favorably when initially implemented into
United States law. Its inclusion in the Constitution was welcomed, for many at the
time felt that the Constitution was lacking in the citizens' rights and liberties
department.
- What would America be like without due process? Put simply: potentially a very scary
place. Due process is essential for the prevention of governmental corruption,
imperative to the function of our nation as a democracy, and necessary for the
protection of the individual. That's why the Framers included the right to due process
in the Bill of Rights.
- Still, due process is perhaps one of the most controversial clauses in the Constitution.
There exists a great deal of debate over its extent and application.
- This debate mostly regards the way it is defined and/or employed. The Procedural vs.
Substantive argument is where the majority of the controversy arises, not in the
actual concept of due process itself.
10. Impact (Cont.)
- Due process can be broken down into Substantive and Procedural components. The
following quote expounds on the difference between substantive due process and
procedural due process:
"Substantive Law creates, defines, and regulates rights, whereas procedural law
enforces those rights or seeks redress for their violation. Thus, in the United States,
substantive due process is concerned with such issues as Freedom of Speech and
privacy, whereas procedural due process is concerned with provisions such as the
right to adequate notice of a lawsuit, the rights to be present during testimony, and
the right to an attorney."
Substantive Due Procedural Due
Process Process
11. Impact (Cont.)
- A Stanford University article on Due Process attempts to explain both viewpoints:
"Critics of Substantive Due Process claim that it is... a pure usurpation of power by the
Court... [they] claim that "Substantive Due Process" is an oxymoron and that [it does
not] assure anything but procedural rights. They say that when the Court uses
judicial review to enforce these pseudo-Constitutional rights they are stealing the
legitimate law-making power from the state legislatures."
- Essentially, those against substantive due process are concerned about the power of
the Supreme Court and the scope of judicial interpretation.
"Supporters of Substantive Due Process... point to its long history and its dynamic ability
to defend basic human rights from infringement by the government. They argue that
Substantive Due Process provides comprehensive nation-wide protection for all our
most cherished rights, which might otherwise be at the mercy of state governments.
They argue that the doctrine is a simple recognition that no procedure can be just if it
is being used to unjustly deprive a person of his basic human liberties and that the
Due Process Clause was intentionally written in broad terms to give the Court
flexibility in interpreting it."
- In other words, those in support of substantive due process claim that is necessary
and was intended to be included in the Constitution to protect the rights of citizens.
12. Impact (Cont.)
- Justice Byron White commented on his disapproval of substantive due process in his
opinion on the case Bowers v. Hardwick (1986):
"It is true that, despite the language of the Due Process Clauses of the Fifth and
Fourteenth Amendments, which appears to focus only on the processes by which
life, liberty, or property is taken, the cases... in which those Clauses have been
interpreted to have substantive content... Among such cases are those recognizing
rights that have little or no textual support in the constitutional language."
- Here, Justice White asserts that the text of the Due Process clauses is strictly
procedural in nature, but acknowledges that previous cases have been decided
using substantive interpretations.
"Nor are we inclined to take a more expansive view of our authority to discover new
fundamental rights imbedded in the Due Process Clause. The Court is most
vulnerable and comes nearest to illegitimacy when it deals with judge-made
constitutional law having little or no cognizable roots in the language or design of the
Constitution...There should be... great resistance to expand the substantive reach of
those Clauses, particularly if it requires redefining the category of rights deemed to
be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority
to govern the country without express constitutional authority."