Blog 4.2 Alec Mueller
1. Why does Shira Scheindlin argue that due process rights for men like Rob Porter have not been violated?
The Fifth Amendment to the United States Constitution, provides, inter alia, that “No person shall be deprived of life, liberty or property without due process of law.” This legal standard means what it says. Certainly, Rob Porter and others who have been accused of sexual abuse or harassment are not being deprived of their life or their liberty as a result of the allegations made against them.
2. How does she describe the steps in the process when a legal action is brought against a person?
The due process of a court action is often a very complicated and lengthy affair, involving pretrial discovery, witnesses, and a judicial proceeding. But given the stakes of loss of life or liberty, that makes sense. In context, the accusations that cause a person to lose his job must be evaluated by the employer, who must make a judgment call based on the strength of those allegations. There is nothing wrong with that.
3. What "two prongs" of due process does Andrea Curcio identify?
Due process is a legal concept that applies to government action. It has two prongs: 1) The government cannot charge you with a crime or take other action against you without notifying you of the charges or proposed action. And 2) you must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken.
4. How does due process impact the person accused of a crime?
Due process does not mean you have the right to be believed, just that you have the right to be heard. What the president seems to be arguing is that people are believing the accuser, not the accused.
5. What does Alexandra Lahav say is the role of a journalist in terms of due process?
Reputable journalists do attempt to hear the other side. They seek confirmation of their stories and solicit a response from the person accused. Recent high-profile allegations seem well-sourced and documented. I don’t think fairness demands more than that, and the law certainly doesn’t.
6. How does Michael Meltsner argue that due process is different as a legal process and a cultural
process?
The law of due process is rich and varied, but it generally evokes the right of an individual to be heard before the imposition of punishment or penalties by the government. Due process as a cultural matter is influenced by legal ideas but is really a cluster of fluid notions that arise when people in different social and political contexts react to what they perceive as unfairness, abuse, and oppression.
7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?
Roy Moore is the ultimate example of the use of “due process” as a way of avoiding a question of serious misconduct. Moore and his supporters repeatedly argued that it was unfair to reach conclusions since he has never been charged or “had his day in court.” That is a reference to legal due process. While it is good to remind people that an accusation is not proof, that does not mean that the public is not supposed to reach conclusions on the strength of the available evidence.
8. What does Sergio Campos say that the Court has required of the government because of the due process clause?
The Court has interpreted the due process clause as requiring some kind of hearing or procedure to prevent the government from arbitrarily depriving someone of a life, liberty, or property interest.
9. How does Jay Tidmarsh describe the difference between substantive due process and procedural due process?
There are two principal strands of due process. One is substantive due process: Most famously, Roe v. Wade is based on substantive due process. The extent to which the Constitution’s due process clauses create substantive rights is always controversial; when a judge is labeled “activist,” it often means that the judge believes in a broader rendering of substantive due process rights. The other form of due process is procedural due process, which is likely what President Trump referred to. This form requires the government to observe certain procedural protections before depriving a person of life, liberty, or property.
The Fifth Amendment to the United States Constitution, provides, inter alia, that “No person shall be deprived of life, liberty or property without due process of law.” This legal standard means what it says. Certainly, Rob Porter and others who have been accused of sexual abuse or harassment are not being deprived of their life or their liberty as a result of the allegations made against them.
2. How does she describe the steps in the process when a legal action is brought against a person?
The due process of a court action is often a very complicated and lengthy affair, involving pretrial discovery, witnesses, and a judicial proceeding. But given the stakes of loss of life or liberty, that makes sense. In context, the accusations that cause a person to lose his job must be evaluated by the employer, who must make a judgment call based on the strength of those allegations. There is nothing wrong with that.
3. What "two prongs" of due process does Andrea Curcio identify?
Due process is a legal concept that applies to government action. It has two prongs: 1) The government cannot charge you with a crime or take other action against you without notifying you of the charges or proposed action. And 2) you must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken.
4. How does due process impact the person accused of a crime?
Due process does not mean you have the right to be believed, just that you have the right to be heard. What the president seems to be arguing is that people are believing the accuser, not the accused.
5. What does Alexandra Lahav say is the role of a journalist in terms of due process?
Reputable journalists do attempt to hear the other side. They seek confirmation of their stories and solicit a response from the person accused. Recent high-profile allegations seem well-sourced and documented. I don’t think fairness demands more than that, and the law certainly doesn’t.
6. How does Michael Meltsner argue that due process is different as a legal process and a cultural
process?
The law of due process is rich and varied, but it generally evokes the right of an individual to be heard before the imposition of punishment or penalties by the government. Due process as a cultural matter is influenced by legal ideas but is really a cluster of fluid notions that arise when people in different social and political contexts react to what they perceive as unfairness, abuse, and oppression.
7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?
Roy Moore is the ultimate example of the use of “due process” as a way of avoiding a question of serious misconduct. Moore and his supporters repeatedly argued that it was unfair to reach conclusions since he has never been charged or “had his day in court.” That is a reference to legal due process. While it is good to remind people that an accusation is not proof, that does not mean that the public is not supposed to reach conclusions on the strength of the available evidence.
8. What does Sergio Campos say that the Court has required of the government because of the due process clause?
The Court has interpreted the due process clause as requiring some kind of hearing or procedure to prevent the government from arbitrarily depriving someone of a life, liberty, or property interest.
9. How does Jay Tidmarsh describe the difference between substantive due process and procedural due process?
There are two principal strands of due process. One is substantive due process: Most famously, Roe v. Wade is based on substantive due process. The extent to which the Constitution’s due process clauses create substantive rights is always controversial; when a judge is labeled “activist,” it often means that the judge believes in a broader rendering of substantive due process rights. The other form of due process is procedural due process, which is likely what President Trump referred to. This form requires the government to observe certain procedural protections before depriving a person of life, liberty, or property.
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