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One of our most fundamental rights as citizens of a democracy is our right to due process of law. This principle provides critical protection against arbitrary rule by the government. The text explores the origins of this very old constitutional principle and how its traditional definition has expanded over time. From a basic concern with fairness in criminal procedures (procedural due process), the legal concept expanded to become a key tool for...
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A legal scholar makes an argument for free speech, due process, and restraint against the "cancellation" of individuals and institutions. Dershowitz states his case for restraint and care in decisions about whom and what to cancel, boycott, deplatform, and bar from public life, and offers recommendations for when, why, and to what degree these steps may be appropriate, as long as objective, fair-minded criteria can be determined and met. While Dershowitz...
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"In Guilt by accusation, Dershowitz provides an in-depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving...
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"The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded...
6) Due process
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In society, there are ways to ensure people are protected under the law. This is through a method called due process. Readers will learn how due process functions in the government today, how the Constitution strives to protect this process and protect people from unfair laws, and how the process can be applied to everyday situations.
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The Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in...
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The fact that individuals accused of a crime are innocent until proven guilty and safeguarded by a robust set of rights and protections is one of the things that sets the United States apart from many other nations. According to the Sixth Amendment, individuals accused of crimes have a number of important rights, including the right to a speedy trial, to a jury of peers, to be informed of the charges against them, to an attorney and witnesses in their...
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"The Fifth Amendment to the U.S. Constitution is a very significant part of the Bill of Rights and the American justice system. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids double jeopardy, necessitates due process of law, and protects against self-incrimination. The Fifth Amendment ensures that Americans benefit from a balanced and accountable justice system." --
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