Quotes About Due process

Alvan Stewart, a prolific writer and speaker against slavery from New York, developed the argument that the Constitution's Fifth Amendment, which barred depriving any person of "life, liberty, or property" without due process of law, made slavery unconstitutional. Slaves, said Stewart, should go to court and obtain writs of habeas corpus ordering their release from bondage.

Fourth Amendment, which requires a judge-issued warrant for an arrest; the Fifth Amendment, which requires a grand jury indictment before a person is held for trial; and the Sixth Amendment, which says that a person can be imprisoned only after conviction by a jury based on proof beyond a reasonable doubt.

Erwin Chemerinsky

post-indictment lineup is a critical stage of the proceeding and that a criminal defendant has as much right to an attorney there as at the trial itself.

Brown v. Allen, decided in 1953, the Supreme Court, in an opinion by Justice Frankfurter, held that a constitutional claim may be raised on habeas even though it had been raised, fully litigated, and decided in state court.

Legal aid is crucial in ensuring those truly guilty of crimes are convicted after due process, and those innocent are able to clear their names, by ensuring that access to legal representation is available for everyone, regardless of ability to pay.

People should not be imprisoned without having the ability to challenge the legality of that imprisonment.

It does away with a lot of complaints that 'We Were Also Done Wrong,' from the Irish or other minorities, precisely because it recognizes the fundamental difference. African Americans were kept down by the force of law, not custom, and then every effort to lift the burden of the law was met with denial of due process.

I was ready to talk about... and I'm ready to die on the hills of due process, individualism, and free thought.

con eso de que aquí, en este país de leyes y constituciones, democrático, no es culpable nadie hasta que no lo condenen, y no lo condenan si no lo juzgan, y no lo juzgan si no lo agarran, y si lo agarran lo sueltan…

There is a peculiar neo-Stalinist mode of thought that is required to support all this, and it can thrive only in a restrictive setting, behind closed doors, without due process. In our society, only universities have created that—so far. The notion that these institutions are liberal is a cruel joke. They are fascist to the core, I'm telling you.

Since we enacted the PATRIOT Act almost three years ago, there has been tremendous public debate about its breadth and implications on due process and privacy.

You're morally tainted if you don't treat both the accuser and the accused with fairness and with respect, and with due process.

I think that all of us, as Americans, are due due process and have a right to a fair trial, and have a right to be considered innocent until proven guilty. I think that is the American way and it's the foundation upon which this country was built.

The central pillar of our justice system is due process. You have got to be charged with a crime. Then you can challenge those charges in a court of law with a trial.

I cannot defend myself during a trial if there is no charge.

I am co-counsel and as co-counsel I have the right to represent myself, speak for myself and conduct myself and my trial by myself in my best interests in order of due process.

No American should be killed by a drone on American soil without first being charged with a crime, without first being found guilty of a crime by a court.

It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape.

Constitutionally protected statements, beliefs, and associations are now a crime. Dissidents, even those who break no laws, can be stripped of their rights and imprisoned without due process. It is the legal equivalent of preemptive war. The state can detain and prosecute people not for what they have done, or even for what they are planning to do, but for holding religious or political beliefs that the state deems seditious.

I believe that facts serve feminists far better than faith. That due process is better than mob rule.

Our legal system does not grant adults a right to liberty, because they already possess that right; it only revokes the right to liberty (for certain offenses) or restores it (if the deprivation did not conform to due process).

Mr. Ambassador, any person in the United States, regardless of his nationality or the manner of his arrival, is entitled to the full protection of our law. Our courts have ruled on this many times, and under our law no man or woman may be compelled to do something against his will without due process.

It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape.