Free Essay

Discribe the Concept of Due Process

In:

Submitted By chancock
Words 484
Pages 2
Describe the concept of due process:

Due process is a legal term from the government. It is a principle that the government must respect the legal rights of an individual according to the law. This due process holds the government to the law of the land protecting people from the states power. This is kind of a way of limiting what the government can and can’t do in efforts to make them not be unfair to the people. I read this and I feel that it helps explain what I am trying to say a little more clearly. "The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929). The constitution states only one command twice. The Fifth Amendment says to the federal government that no shall be “deprived of life, liberty or property without due process of law”. The Fourteenth Amendment uses the same eleven words called Due Process Clause and it is used to describe the legal obligation of all states. Basically they are giving an promise of assurance that all levels of the government must operate within the law and provide fair procedures.

Describe three of the legal defense.

The three defenses that I would like to describe would be the insanity defense, self-defense, and the entrapment defense. The insanity defense is the defendant claims that because of mental health problems they were not responsible for their actions. The insanity defense is based on evaluations from professionals that state that the defendant was incapable of distinguishing between right and wrong in the legal sense. The theory behind the defense is people who are insane cannot have the intent required to performs a criminal act because they either do not know the act is wrong or they cannot control their actions even when they understand the act is wrong. The second defense that I would like to describe would be self-defense. This is when one uses force but justifies it because they reasonably believe that it is necessary for the defense of oneself. This defense during a case might be described as, the force I used that could have caused death or great bodily harm is justified because I very much believed that if I didn’t I might have received great bodily harm or even died. The entrapment defense is when defendants state they were induced to commit an offense and otherwise they would have been very unlikely to commit that crime. Entrapment normally holds 3 conditions. First the idea of committing the crime came from the government agents and not form the person accused. Second government agents persuaded or talked them into committing the crime. Third I would not have committed the crime if were not for the interaction with the government

Similar Documents

Premium Essay

Organizational Behaviour

...INTERNATIONAL (P) LIMITED, PUBLISHERS 4835/24, Ansari Road, Daryaganj, New Delhi - 110002 Visit us at www.newagepublishers.com CONTENTS xvii Dedicated to My Parents Shri Gopalrao and Gayabai Kondalkar This page intentionally left blank Preface Globalisation, technology advancement, open market system and desire of human beings to excel in the field one works has increased competitiveness and resultant work stress. Management of human behaviour and chanalizing it into correct direction has become important. Application of motivational theories, art of leadership and skill of redesigning jobs and modification to organisational structure is an on going process that facilitates positive work environment leading to increased job satisfaction of employees, greater productivity and organizational growth. Due to scientific advancement managing human resources is more challenging. It has been observed that everybody wants to catch up with next higher strata of life style. Social obligations have increased and so has increased the purchasing power, thanks to financial institutions who are doing a tremendous business of financing individuals. This situation has led to designing an appropriate situational model of managing human behaviour in varying conditions. There is no specific model for...

Words: 149242 - Pages: 597

Free Essay

Computer Networking

...Communication Networks Sharam Hekmat PragSoft Corporation www.pragsoft.com Contents Contents Preface 1. Introduction 1.1. Network Components 1.2. Network Types 1.3. The OSI Model 1.3.1. The Physical Layer 1.3.2. The Data Link Layer 1.3.3. The Network Layer 1.3.4. The Transport Layer 1.3.5. The Session Layer 1.3.6. The Presentation Layer 1.3.7. The Application Layer 1.4. Protocol Notations 1.4.1. Service Primitives 1.4.2. Sequence Diagrams 1.4.3. State Transition Diagrams 1.5. Standards 1.6. Further Reading 1.7. Summary 1.8. Exercises 2. The Physical Layer 2.1. Equipment 2.1.1. Equipment Types 2.1.2. Connection Types 2.2. Transmission 2.2.1. Signal Types 2.2.2. Modulation 2.2.3. Digitization 2.2.4. Synchronization 2.2.5. Transmission Media 2.3. Multiplexing 2.3.1. Space Division Multiplexing (SDM) vi Communication Networks 6 10 1 2 2 4 7 7 8 9 9 10 10 11 11 12 12 13 14 15 16 18 19 19 19 20 20 21 22 23 24 27 28 Copyright © 2005 PragSoft 2.3.2. Frequency Division Multiplexing (FDM) 2.3.3. Time Division Multiplexing (TDM) 2.3.4. Concentration 2.4. Physical Layer Standards 2.4.1. RS-232 2.4.2. CCITT X.21 2.5. Further Reading 2.6. Summary 2.7. Exercises 3. The Data Link Layer 3.1 Link Protocol Types 3.1.1. Synchronous Protocols 3.1.2. Asynchronous Protocols 3.1.3. Master-Slave Protocols 3.1.4. Peer-to-Peer Protocols 3.2. Link Protocol Functions 3.2.1. Acknowledgments 3.2.2. Timers 3.2.3. Error Checking 3.2.4. Retransmission 3.2.5. Flow Control 3.3. Sliding Window...

Words: 60074 - Pages: 241