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4.2 Due process


1.  Why does Shira Scheindlin argue that due process rights for men like Rob Porter have not been violated?
The fifth amendment states that no one can "deprived of life, liberty or property without due process of law.” However, men like Rob Porter are not losing life, liberty, or property with these allegations, so the due process is not necessary.
2.  How does she describe the steps in the process when a legal action is brought against a person?
It is often lengthy and complicated due to the many people involved.
3.  What "two prongs" of due process does Andrea Curcio identify?
First, the government must notify you when it wants to charge you with crime or take other action against you. Second, before action can be taken, the accused person must have the opportunity to present his or her side of the story to a neutral decision maker
4. How does due process impact the person accused of a crime?
 Basically, it protects people from arbitrary government action and makes sure the accused person's side of the story is heard.
5.  What does Alexandra Lahav say is the role of a journalist in terms of due process?
 Journalists should try to hear the other side beside the government's and get a response from the accused person.
6. How does Michael Meltsner argue that due process is different as a legal process and a cultural process?
 The legal process essentially guarantees individuals the right to be heart before being punished by the government. The cultural process is the variety of responses to what is perceived as "unfairness, abuse, and oppression."
7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?
 He uses it as a way to avoid question of serious misconduct and to cling to innocence in the face of "unfair" accusations just because he has not been to court.
8. What does Sergio Campos say that the Court has required of the government because of the due process clause?
 The most basic requirement is the opportunity to be heard, though recently the Court also highlighted a day in court as a longstanding tradition. The specific procedure requirements are decided through a balancing test.
9. How does Jay Tidmarsh describe the difference between substantive due process and procedural due process?
Substantive due process means that due process covers not only legal procedures but more importantly their rights. Procedural due process, which Trump is likely talking about, is specifically about how the "government to observe certain procedural protections before depriving a person of life, liberty, or property." However, standards for procedural due process are inconsistent.

(article: https://www.vox.com/policy-and-politics/2018/2/11/16999466/what-is-due-process-trump)

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