A Quote by Oliver Wendell Holmes, Jr.
Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.
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[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
Ylli, Agron and Mehmet were never given a fair and public trial, an opportunity to defend themselves, or any semblance of due process. Their post-conflict, extrajudicial killing was cold-blooded murder.
The United States and the European Union do want to have a rule of law, and that rule of law should be for a fair trial. And that fair trial needs to have an impartial jury.
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.
The second trial was a fair trial. I do not call it a second trial. I call it a fair trial, as opposed to the first trial, which was an unfair trial, a Roman holiday.
It is fundamental that the great powers of Congress to conduct war and to regulate the Nation's foreign relations are subject to the constitutional requirements of due process. The imperative necessity for safeguarding these rights to procedural due process under the gravest of emergencies has existed throughout our constitutional history, for it is then, under the pressing exigencies of crisis, that there is the greatest temptation to dispense with fundamental constitutional guarantees which, it is feared, will inhibit governmental action.
The liberal ideal is that everyone should have fair access and fair opportunity. This is not equality fo result. Its equality of opportunity. There's a fundamental difference.
The liberal ideal is that everyone should have fair access and fair opportunity. This is not equality of result. It's equality of opportunity. There's a fundamental difference.
Everyone knows that due process means judicial process, and when John Brennan brings him a list of people to be killed this particular week, that's not due process. That's certainly not judicial process. So there's the fifth amendment. Not even George Bush claimed the right to kill American citizens without due process.
In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield - however despicable - are guaranteed a trial by our Constitution. No one argues that Americans who commit treason shouldn't be punished. The maximum penalty for treason is death. But the Constitution specifies the process necessary to convict.
I don't know everybody's view on due process, but I do have an opinion on what the Constitution says, what the Pledge of Allegiance implies, what sixth- and seventh-graders are taught in civics classes, and I think it is that you're going to have the opportunity to be heard.
These three brothers were not afforded the opportunity to defend themselves in a court of law. They were not given a fair and public trial. Paramilitaries, under the command of senior Ministry of Interior officials, denied them these rights and shot them in cold blood.
And so I would not enforce a law that would reject people and turn them away without giving them a fair and due process to determine if we should give them asylum and refuge.
If any one phrase could gather its (religion's) universal message, that phrase would be, - All is not vanity in this Universe, whatever the appearances may suggest.
Cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth. ... Cross-examination, not trial by jury, is the great and permanent contribution of the Anglo-American system of law to improved methods of trial-procedure.
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