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| - Due process implies that you can't bring an evil terrorist to justice without going through long, boring trials where the enemies of this nation are coddled like newborns. In the days of the Salem Witch Trials, due process was interpretted as, "Due you burn when we light you on fire."
- Due process was one's right to be treated fairly in a court of law. Intergalactic treaty prohibited extradition without due process. This was cited in a 2268 communique from Starfleet Command following Commissioner Bele's request to extradite Lokai to the planet Cheron, stating that a hearing at a starbase would be necessary. However, they expected the hearing would grant Bele his request and provide tramsportation for him and his prisoner. This ruling confirmed Captain James T. Kirk's earlier declaration that nobody could claim anyone on board the Enterprise without due process. (TOS: "Let That Be Your Last Battlefield" )
- One of the most well known and cherished of constitutional phrases (due process) appears in the Fifth Amendment: "nor [shall any person] be deprived of life, liberty, or property, without due process of law. . . ." It is repeated in the Fourteenth Amendment, this time as a specific restraint on State governments. A conviction fails to comport with due process if the statute under which it is obtained fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages seriously discriminatory enforcement.
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| abstract
| - One of the most well known and cherished of constitutional phrases (due process) appears in the Fifth Amendment: "nor [shall any person] be deprived of life, liberty, or property, without due process of law. . . ." It is repeated in the Fourteenth Amendment, this time as a specific restraint on State governments. The phrase or its equivalent in English common law and some State constitutions, often expressed as "the law of the land," is derived from the Magna Carta. As they have evolved in the jurisprudence of the Fifth and Fourteenth Amendments, the due process clauses have come to stand for two independent protections: an assurance of procedural rationality, consistency, and integrity in any government action that could deprive a person of "life, liberty, or property"; and certain substantive rights not laid out explicitly in the Constitution but deemed essential to the principles of American democracy. In its procedural meaning, "due process" does not turn entirely on the existence of rules laid out by legislatures or administrative agencies. It is instead an independent protection against the deprivation of rights established by the Constitution or by State or Federal law. It forbids capricious governmental actions. The Supreme Court has held, for example, that due process standards must be met in such varied contexts as the allocation of welfare payments, aspects of criminal trials not covered by more explicit provisions, the suspension or expulsion of children from public schools, and the dismissal of persons in the employment of state or federal government. A conviction fails to comport with due process if the statute under which it is obtained fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages seriously discriminatory enforcement.
- Due process implies that you can't bring an evil terrorist to justice without going through long, boring trials where the enemies of this nation are coddled like newborns. In the days of the Salem Witch Trials, due process was interpretted as, "Due you burn when we light you on fire."
- Due process was one's right to be treated fairly in a court of law. Intergalactic treaty prohibited extradition without due process. This was cited in a 2268 communique from Starfleet Command following Commissioner Bele's request to extradite Lokai to the planet Cheron, stating that a hearing at a starbase would be necessary. However, they expected the hearing would grant Bele his request and provide tramsportation for him and his prisoner. This ruling confirmed Captain James T. Kirk's earlier declaration that nobody could claim anyone on board the Enterprise without due process. (TOS: "Let That Be Your Last Battlefield" )
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