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Questions tagged [due-process]

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Would the holding of assets in a UTMA account when the beneficiary wants to withdraw them be considered a deprivation of property?

The Due Process Clause of the Fourteenth Amendment says, nor shall any State deprive any person of life, liberty, or property, without due process of law. The Uniform Transfers to Minors Act (UTMA) ...
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What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?

In Ingraham v. Wight, the US Supreme Court ruled that the Eighth Amendment's prohibition on cruel and unusual punishment does not apply in non-criminal cases. Due process is still required, but the ...
Someone's user avatar
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9 votes
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was ...
Very Tiny Brain's user avatar
-3 votes
3 answers
467 views

How (and how come) are US state/federal prosecutors allowed to seal indictments?

I have recently heard Tara Reade (who had accused US president Joseph Biden of sexual attack several decades ago) say, that there has been a sealed indictment against her, for the past 3 years (2020-...
einpoklum's user avatar
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U.S. Law: Why would evidence be viewed in the light most favorable to prosecution?

Firstly, I'm requesting that persons focus on the question in the title of this post. Please do focus on that. I think for a rational trier of fact to view the evidence in the light most favorable to ...
Dennis Francis Blewett's user avatar
1 vote
1 answer
141 views

Overcoming a presumption of guilt

Give the legal adage "innocent until proven guilty", would a requirement by the state to overcome a presumption of guilt only by signing, under penalty of perjury, a "declaration of non-...
Michael Hall's user avatar
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9 votes
2 answers
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Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?

Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these ...
Alan's user avatar
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3 votes
2 answers
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Can a person be fired, banned and evicted (etc.) without a court order?

It seems like a lot of "punishments" can be applied to a person without having to go to court. For example a person can be banned from private or public property for any or no reason. I've ...
copypasteme's user avatar
4 votes
2 answers
289 views

Can an improper prosecution defeat the double jeopardy rule?

If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of ...
Neil Meyer's user avatar
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Can US Congress/government bar a specific foreign country's persons (individuals or firms) from due process clause?

I wanted to ask whether US Congress/government can bar a specific foreign country's persons (individuals or firms) from the due process clause if the US government provided substantial evidence in a ...
Nikhil Sharma's user avatar
1 vote
1 answer
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Tax refund offset due process

What due process is there in federal refund offset? For instance, if a state contacts the IRS claiming that someone owes them a debt, will the IRS just take their word for it and deduct the amount ...
Acccumulation's user avatar
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Process server attempted to serve me at old address

I moved roughly a year ago. My business and my drivers license were both updated to reflect my new address. However, the new occupant of my home told me that on Sunday - someone attempted to serve me ...
Barry Chapman's user avatar
3 votes
4 answers
1k views

Is there a situation where someone can be sanctioned without trial?

Given a person commits an obvious infraction1 of a law B and this law has a sentence established by a legal statute that does not consider jury consultations possible, is there some legal framework to ...
antinazi's user avatar
7 votes
4 answers
175 views

Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?

In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal ...
kisspuska's user avatar
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24 votes
6 answers
7k views

Why is the defendant presumed guilty in traffic court?

This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should ...
tlewis3348's user avatar
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2 answers
137 views

Can a US criminal bench trial be conducted without a defendant's jury waiver?

In 1980, the Court of Appeals of the Third Circuit ruled that the Fifth Amendment's due-process clause overrides the Seventh Amendment right to a jury trial in complex civil cases. This opinion was in ...
BakedAlaska624's user avatar
2 votes
1 answer
148 views

Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
Sayaman's user avatar
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7 votes
1 answer
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Are there legal limits to U.S. states taxing out-of-state income?

When a New York State non-resident has NYS income, NY's tax rates are based NOT on the absolute amount of the NYS income, but on the non-resident's federal income, pro-rated to the percentage earned ...
jay613's user avatar
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1 answer
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Legal remedies for being banned from a school system

I was banned from a school system for providing behavior interventions to students without the administration's approval. The Board's attorney banned me using a trespassing statute. I never ...
Dr. M. M. M.'s user avatar
3 votes
2 answers
150 views

Are the courts open when the law library is closed?

Throughout the US, many courts face the challenge of providing services while concurrently attempting to comply with health guidance from the national, state and regional authorities. In many cases ...
mongo's user avatar
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5 answers
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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
Bbb's user avatar
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Due process and Board decisions

Say an occupational licensing board in a US state denies an applicant, and then he follows their appeal process and had a hearing before a hearing officer who is not a member of the board. The hearing ...
David's user avatar
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2 answers
241 views

Can Derek Chauvin's due process rights be guaranteed in a jury trial - for the murder of George Floyd - if the entire country knows about it?

Due process would demand Chauvin be granted a robust defense and proper trial so that justice can be done in the death of George Floyd. But the entire country knows all the facts about the case. How ...
NonPartisanObservor's user avatar
11 votes
5 answers
5k views

Could a judge sentence someone who isn't on trial?

A somewhat common TV trope is for a judge to sentence someone who isn't actually on trial - for example, the real culprit bursts into the middle of a trial and confesses, and then the judge says, "In ...
Anon's user avatar
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1 vote
2 answers
375 views

Would Hitler have been protected by Sovereign Immunity?

So, with all the talk of sovereign immunity lately due to the coronavirus lawsuits against the Chinese government, a thought occurred to me: Would Hitler have been protected by sovereign immunity for ...
nick012000's user avatar
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1 vote
1 answer
36 views

Generic "Judicial" rules of order?

This question asks for a Roberts Rules analogue for, specifically, courtroom proceedings. However, other non-governmental organizations often need to decide someone's fate within the organization ...
Him's user avatar
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1 answer
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Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?

"Fairness" isn't mentioned in the constitution but due process is and I would think typically applies to a defendant - someone who has been accused of a crime. But is there a concept where the ...
NonPartisanObservor's user avatar
0 votes
2 answers
338 views

Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
Patrick's user avatar
-1 votes
1 answer
148 views

Is it a 5th amendment violation to set a person up to be arrested?

It strongly appears that the State of Florida has in place an operation, or device, to make sure that you are arrested for driving while license suspended ("DWLS"). The scheme is as follows, 1) FL DMV ...
McFIG's user avatar
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1 vote
2 answers
205 views

Is the U.S. entity ban against Huawei against the rule of law?

Is the U.S. entity ban against Huawei against the rule of law? Huawei hasn’t been formally charged or convicted in any court of law and not a single evidence hasn’t been presented to prove Huawei ...
Sayaman's user avatar
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1 vote
2 answers
1k views

What happened to bounties in the wild west?

Few things are more emblematic of the wild west era that a wanted poster. Today such a thing is unheard of. I know today there are rewards for information leading to capture of fugitives and bail ...
A. K.'s user avatar
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-2 votes
1 answer
185 views

Public Library Bannning "Problem Patrrons" : Scope and Source of Authority?

Public libraries in the USA many times add a “Code of Conduct” to their collection of “policies.” They typically include a provision for banning “problem patrons” from the library for as long as life....
Mike's user avatar
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1 vote
4 answers
7k views

Would a parking policy which is not posted be contestable in court?

The fine is small, it's more the principal. I recently moved to a new neighborhood. My side of the street has parking, and there are cars regularly parked all along it, at all hours of the day. ...
mreff555's user avatar
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1 vote
2 answers
257 views

Is it a violation of due process for a public committee to have no regular rules of order?

Many committees operate by Robert's Rules of Order, but there are others that have no fixed rules and I have observed public committees in some cases acting arbitrarily. Is it a violation of due ...
Cicero's user avatar
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2 votes
2 answers
78 views

Government employer obligations for refusal to hire based on allegiations

The Kavanaugh hearings have brought up an interesting point. What are the legal obligations of a government employer, when it comes to handling allegations against a prospective employee? I would ...
Daniel Goldman's user avatar
2 votes
5 answers
453 views

"Reasonable doubt" and conditional probabilities

Let A be the event that the accused is guilty and B is the event that evidence / testimonies are presented against the accused. In the U.S., does "reasonble doubt" refers to a juror's subjective ...
yurnero's user avatar
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20 votes
2 answers
5k views

What is the meaning of "Individual-1"?

During the Cohen trial last night, Trump was described as "Individual-1." Now I know they weren't trying to hide who this "Individual-1" was because they deliberately said that Individual-1 became ...
Jonathan Kuhl's user avatar
-5 votes
2 answers
707 views

In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"?

This is a canonical question posed for the purpose of clarifying the rules of criminal procedure in the United States relevant to who is authorized by law to determine if alleged conduct is "illegal". ...
guest271314's user avatar
0 votes
3 answers
171 views

New trial motions-once the motion for summary judgment has a response may new trial motion be invoked?

Litigation in the pretrial phase progresses to the point of possibly one party filing the MSJ. After that motion has been responded to and the judge has the responsibility to rule on it, may he, for ...
j frasier's user avatar
17 votes
1 answer
3k views

Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
anotherguy's user avatar
1 vote
1 answer
52 views

determining who filed a disputed document

A document was filed in a case, which provided a key piece of information that the Court was required to consider. Party 2 learned of the filing six months later, states that he did not file it and ...
J. Win.'s user avatar
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1 vote
2 answers
342 views

Can state keep a part of my cash bond if found not guilty?

In Texas speeding is a class C misdemeanor. If someone takes this to trial and the state requires a cash (bail) bond (twice the maximum find amount plus court costs) they must pay it to the county or ...
mark b's user avatar
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0 votes
1 answer
325 views

How long can the government charge you after arrest but before trial?

If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial? And if so how long does the government have to bring up the ...
user46173's user avatar
  • 113
-1 votes
2 answers
1k views

Can a Judge ask for a manifest injustice then dismiss the motion?

First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with: Since Defendant is seeking to withdraw her plea ...
Breakskater's user avatar
2 votes
2 answers
471 views

What is arbitration and mediation?

What does it mean to resolve disputes with arbitration and mediation? I understand that they're alternatives to going to court, but how can companies or individuals enforce this with contracts? What I ...
Smith's user avatar
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2 votes
0 answers
822 views

Defective motion on its face - does judge deny, dismiss, or strike it (without hearing the motion)?

I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody ...
Charlotte Karlan's user avatar
-1 votes
0 answers
148 views

Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? [closed]

Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? These are the facts: Suspect leaves a voice mail for a fraudulent prescription ...
Breakskater's user avatar
2 votes
4 answers
221 views

If one has committed illegal act A or B, but we cannot prove that A was committed or B was committed, is one generally proven guilty of a crime?

Imagine a scenario where you know beyond a reasonable doubt that somebody did something wrong, but you couldn't prove exactly what it was. It could have been A or B. But you cannot prove it was A ...
Mr. A's user avatar
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