Abstract In this article, the writer discusses due process of the law, which is a term that has been used for many years. The writer notes that the general principle of this term is that everyone is entitled to a day in court when he or she has been accused or charged with a violation of the law. In addition, the due process of law mandates the belief that each person's case should be fully explored and heard before any judgment is rendered with regard to that case. The writer explains that the due process of law protects people from being deprived of their life, liberty or property as well as any rights that have been given to them by legislation or statute. The writer concludes that with illegal immigration being a hot topic throughout the nation it is important to understand how due process and equal protection of the law impacts those immigrants.
Outline:
Equal Protection of the Law
Conclusion
From the Paper "This is interesting because for many years after the development of the constitution, African Americans were not treated equally. When they finally one the right to vote, their vote only counted as two thirds of a whole vote and they were allowed to be forced to sit at the back of the buses, and sent to Black only schools and other places that were designed specifically for that race. When it came to the law they were also discriminated against as they were treated differently in courts and jails and not afforded the same right to jury trials as their white counterparts were."
"Eventually this was challenged enough times that law makers made it clear all people meant all people, not just whites, or men or a certain economic group. It meant each and every person is to be afforded the same protection by the same laws."
Abstract Summarizes and analyzes the Due Process Clauses of the U.S. Constitution. Historical evolution of the Fifth and Fourteenth Amendments. Interpretations by the U.S. Supreme Court. How the due process clause was used to expand American civil liberties. Substantive due process and the protection of private property. Modern concepts. Table of Authorities.
From the Paper "HISTORICAL EVOLUTION OF THE DUE PROCESS CLAUSE
This research paper outlines, summarizes and analyzes the historical evolution of the Due Process Clause(s) of the U.S. Constitution. The interpretations given by the American Supreme Court to these clauses in the Fifth and Fourteenth Amendments have served significantly to adapt the Constitution to changing conditions. During the first 100 years of the Republic, the Due Process Clause was interpreted narrowly as a procedural safeguard and contributed little to the resolution of the principal jurisprudential problem, the adjustment of the relations between the national and state governments. During the period 1890 to 1937, substantive due process largely in the service of private property and commercial interests and later as a tool for delineating the contours of the welfare state helped define the ..."
Abstract In this article, the writer looks at due process, which is one of the most important founding principles underlying the U.S. criminal justice system. The writer explains that due process derives from the Fifth Amendment to the Constitution, which applies to federal government action and has traditionally been applied identically to state actions by the identical provision contained in the Fourteenth Amendment. The writer discusses that due process also requires grand jury indictment, and prohibits double jeopardy and compelled self-incrimination, and therefore, is one of the most influential concepts defining criminal procedure in the enforcement of penal laws in the U.S.
Outline:
Introduction
Striking a Balance between Two Important Principles
Conclusion
From the Paper "Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of innocent citizens to be free from unrestricted searches and seizures and compelled confessions. Under British rule before the Revolution that established a sovereign United States, citizens were subject to unwarranted searches of their property and seizure of their persons for suspicion of criminal conduct without the need for justification on the part of government agents. This experience under British rule was incorporated into the U.S. Constitution and its subsequent amendments, including the Bill of Rights, precisely to provide the protection of citizens against unrestricted governmental police powers.
"Unrestricted police powers might, in principle, allow for the highest level of crime prevention and prosecution, but at a very steep cost, because virtually any police action would be permissible, including searches and apprehension, detention, and imprisonment without any justification, based solely on the suspicions, or even the whims, of government agents. Excessive protections of individual rights would prohibit the investigatory, arrest, and prosecutorial functions necessary to enforce the laws of society.
"The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct."
Abstract This paper shows how the rights to due process is an inalienable human right. Various landmark cases are presented to reinforce the statement that "due process" is guaranteed by the Bill of Rights and the United States Constitution. Includes cases that date back to Barron vs. Baltimore of 1833 all the way to present day court cases.
From the Paper "Due process is a major fabric in the quilt of the United States Constitution. It is an important right, which without it the United States would be similar to other countries that lack the Constitutional protections that we offer. The Due Process Clause of the Fourteenth Amendment is a major fabric that is of utmost importance because it places limitations on the government from taking our life, liberty and property without a trial or investigation. Protection of liberty is what the 14th and the 5th amendment is trying to protect based on the natural law traditions. Natural law is the tradition that humans have inalienable rights that cannot be taken by the government or any other entity, public or private. The historical traditions that go back to the days of the Hamurrabi codes have shown that there must be some type of timely manner and notification before the government can take any of your inalienable rights."
Abstract This paper explains that venture capitalists make appropriate risk assessments, called due diligence, to find out if they are really and truly buying the company, an interest, or a product as presented in that infamous "fine print". The author points out that the checklist delineates a request for various kinds of documents from the company or the producers in question with whom the venture capitalists are dealing. The paper relates that the due diligence checklist includes a list of banks or other lenders with whom the future company might have a financial relationship, including credit agreements, debt instruments, and other agreements evidencing outstanding loans to which the company is a party or was a party within the past two years.
Table of Contents
Introduction
Checklist
Corporate Documents Regarding ChipeX Company and Subsidiaries
Issuances of Securities
Material Contracts and Agreements
Employees and Related Parties
Memo
Conclusion
From the Paper "This is a financially chancy and dicey time for technological investment. According to some of their independent analysts, the microchip to be developed by the aforementioned former members of ChipeX Company is a sure thing. This alone, however, should raise red flags. Even though the technical viability of the product has been sung in its praises by many technologically forward independent experts, in business, particularly the business of technology, experience and the dot.com bomb has taught us all that there is no sure thing."
Abstract The paper explains that the due process law, as stated in the 14th and 5th Amendments, requires a thorough evidentiary hearing before a person can be deprived of benefits. The paper describes the due process law as ensuring that when the government, whether federal or state, decides to terminates a person's entitlements, he/she will be given an opportunity to use his/her legal rights in the most suitable manner to defend his/her position. The paper examines evidentiary hearing and what the court's opinion has been on the deprivation of benefits. The paper also looks at the landmark Goldberg vs. Kelly case.
From the Paper "While the Fourteenth Amendment expressively mentions states, the Fifth Amendment deals with due process law in federal context. Now that we know that a person cannot be deprived of benefits without due process of law, it is also important to mention here that an essential component of due process is evidentiary hearing. This was decided by the Court in the landmark case Goldberg v Kelly (1970). This allowed evidentiary hearing to become an important part of the rights granted to a citizen under due process law. The two important questions that are answered in evidentiary hearing are concerned with jurisdiction and presence of probable cause. Jurisdiction question can be settled easily while probable cause requires further explanation."
Abstract The paper explains that a strict crime control focus in penal regulation could virtually ensure the complete elimination of crime in society as well as certain punishment for all violators. The paper explains further that to balance this, the due process perspective prohibits deprivation of the individual's property or liberty without established procedures or processes governing the proper exercise of police authority.
Outline:
Introduction
Balancing the Interests of Crime Control and Due Process
From the Paper "In principle, crime control and due process are two opposite philosophical perspectives about crime prevention and punishment in society. However, in practical application, each point of view contributes valuable elements to any system of justice. Without fundamental aspects of crime control, effective policing and prosecution of penal violations would be all but impossible; but without due process protections, everyone in society - both criminals and non-criminals - would be subjected to intrusive state actions with little regard for personal privacy or even the sanctity of one's home.'
Abstract This paper discusses how "Due Preparations for the Plague" by Janette Turner Hospital explores the life a young women, Samantha, who was orphaned at a young age by the hijacking and subsequent destruction of Air France Flight 64. In particular, the paper examines how Samantha was raised by her loving Aunt Lou but still was never able to let go of her parents' death, as she became obsessed with the possibility that American intelligence was involved in the planning of the attack. The paper then explains that once Samantha discovered some of the classified details behind the hijacking and was able to hear the last words of her parents and eight other hostages, she was able let go of the past and began to move forward into the present. The paper further explains that Samantha's ability to let go of her parents' death comes from an understanding that due preparation for death is living a life free from regret.
From the Paper "Samantha does not immediately rid her self completely of her past but after a few months away, she is able to let go. When Samantha returns to New York after being gone on a fellowship in France, she is overwhelmed and runs into a cemetery where Lou comforts her. After talking about their pasts, Samantha "could feel a wave rising up within her, not happiness, she could not call it that, but something rich and mellow that she could call a state of being at peace."(401) This state of being at peace is Samantha no longer being haunted by the ghosts of her past. She has finally both consciously and unconsciously moved away from her parents' deaths and forward towards her own life. Samantha does not arrive at this feeling by chance but through the understanding that "the dead are always with us; they are close; but we must cling to the living."(401) "
Abstract This paper discusses the 14th Amendment to the U.S. Constitution. The author discusses the legal theory of selective incorporation-applying the Bill of Rights to the 14th Amendment's Due Process Clause. The paper examines such landmark U.S. Supreme Court cases as "Palko v. Connecticut", "Mapp v. Ohio", and "Adamson v. California".
From the Paper "The 14th Amendment, which was ratified in 1868 of July 9, states, "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 it's jurisdiction the equal protection of the laws." "Due Process" is mentioned in the 14th amendment as well as the 5th amendment. What exactly does "Due Process" means? Due Process means to be treated equally and fairly."
Abstract Anne Finger's memoir "Past Due: A Story of Disability, Pregnancy and Birth" represents a classic example of the feminist principle that "the personal is political". Her account of her life as a feminist, disability activist and campaigner for reproductive freedom and the story of her giving birth to a potentially disabled child, may be read on a superficial level as an exercise in autobiography. However, as this review will argue, it would be more accurate to read Finger's memoir as part of a feminist project to represent the convergence of the personal and political in contemporary feminism and thereby resist those forces that would label, categorize and dehumanize women, the disabled and the marginalized.
Abstract This paper discusses the War on Terror and the number of issues that have been raised vis-a-vis how Americans should treat suspected terrorists. The paper provides an explanation of three different approaches to providing due process to these terrorists and suggests that a compromise approach should be followed. The paper describes each approach and describes the suggested compromise.
From the Paper "As suggested above, a careful regard for the procedural rights of suspected terrorists - their "Due Process" rights - is vital inasmuch as it sends a message to critics both within and without America that the world's great superpower is committed to doing the "right thing" and not merely the expedient thing. Needless to say, projecting this image goes a long way towards solidifying international support for U.S. military operations abroad and it also goes a very long way towards ensuring that other nations will be more cooperative in "rooting out" terrorist elements within their own states - both developments which will necessarily bolster U.S. security. But more than that, America is in a position where it can protect the procedural rights of terrorist operatives without bequeathing to those individuals the sorts of privileges and prerogatives normally available to an American citizen accused of a criminal offense in the United States."
Abstract The paper explains the principle of eminent domain that variance, access and public projects for the good of the whole must take precedence over private property rights. The paper examines the US constitutional stand on eminent domain and looks at various national rulings that have taken place over the years. The paper discusses the losses often sustained by property owners and contends that municipalities, states and the federal government need to pay much more close attention to due compensation and be willing to pay a fair property value. The paper concludes with the hope that the public will become more conscious of the need to make more informed decisions about the rights of the individual.
From the Paper "Eminent domain is one of the most controversial, yet necessary issues that communities and courts face today. Variance, access and public projects for the good of the whole must take precedence over private property rights. Yet such property rights losses as can occur though the demands of eminent domain can literally bankrupt individuals, families and businesses, with regard to loss of property value, property usage or loss of property itself."
An analysis of whether the lack of terrorist activity in the US since the beginning of the war in Iraq, is due to the war or due to the improvement of the internal security of the US.
Abstract This paper discusses whether the invasion of Iraq was justified and whether the war in Iraq has led to a decline in the threat of terrorism in America. It analyzes whether the lack of terrorist activity in the US since the beginning of the war is due to the war or due to the improvement of the internal security of the US. The paper discusses both sides of this debate.
From the Paper "I conclude that the war in Iraq has little to do with the safety of America. According to US intelligence agencies, terrorist attacks can occur at any moment since the hatred against US is fueled by the war in Iraq. So, in fact, the war in Iraq might be the reason for another terrorist attack in America. Al Qaeda benefits greatly from the war in Iraq, as many Muslim opponents of the war might fall for the terrorist group's propaganda and support al Qaeda only because it fights against the "oppressive" United States (Benjamin, 2003). As I now see it, the war in Iraq might be a reason for the safety of US at home only due to the fact that it represents a battle field between terrorists and US - a preferred battle field for America."
Abstract This paper describes today's society as a multi-cultural environment that holds both extreme promise and conflicts. Through rapid developments in technology, global communication has been revolutionized in the past few decades. It explains that, as a result, a greater number of people are exposed to cultures other than their own. Due to communication technology, people are no longer isolated by borders and other obstacles and have ample opportunities to experience different cultures. It discusses how this occurrence has brought conflict amongst people from different cultures, due to differences in language, manners, opinions, lifestyles and other factors. This paper examines how intercultural conflict management has become necessary in helping people to understand one another.
From the Paper "Conflict occurs at all levels of human interactions, whether it is interpersonal, social, national, or international. Conflict is not always a negative thing. In fact, conflict can be sometimes present an opportunity for growth and development. Intercultural conflict can be individual, cultural, personal and social (Avruch, 1998, pp. 42-44). Ambiguity is a typical characteristic of intercultural conflicts and tends to make people react with a "default conflict style," which can be counterproductive. In addition, language issues present further challenges when dealing with multiple cultures. Often, different orientations to conflict management styles can further complicate intercultural conflict."
Abstract This essay will explore the phenomenon of the Industrial Revolution in Germany. It will argue that this process was accelerated due to the interconnections of the German economy, where development in one sector fuelled increasing development in another. According to this model, Germany grew from a primitive agricultural economy to the industrial dynamo of Europe in less than a century due largely to these interconnections. While clearly a positive model, given the geo-political outcome of this accelerated development upon European history in the 20th century - two devastating world wars - this lesson has implications for the rapidly developing economies of the present day such as China.
