Due Process

Definition for Due Process:

• The government must pass fair laws and treat people fairly.

• The government cannot try a person a second time for committing the same crime after he or she has been found not guilty.

• The government cannot force a person to testify against himself or herself.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

Definition of Double Jeopardy:

• The government must tell people what they are charged with.

• The government cannot try a person a second time for committing the same crime after he or she has been found not guilty.

• The government must allow people to have a trial held before an open audience.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

Definition of Self-Incrimination

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

• The government must pass fair laws and treat people fairly.

• The government cannot force a person to testify against himself or herself.

• The government must tell people what they are charged with.

Definition of Speedy Trial

• The government must tell people what they are charged with.

• The government must allow people to have a trial held before an open audience.

• The government cannot force a person to testify against himself or herself.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

Definition of Public Trial

• The government must allow people to have a trial held before an open audience.

• The government must tell people what they are charged with.

• The government must pass fair laws and treat people fairly.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

Definition of Informed Accusations:

• The government must tell people what they are charged with.

• The government cannot try a person a second time for committing the same crime after he or she has been found not guilty.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

• The government must allow people to have a trial held before an open audience.

Definition of Confront Witnesses:

• The government must pass fair laws and treat people fairly.

• The government must allow a person who has been accused of a crime to have a lawyer to help argue his or her case. If a person cannot afford a lawyer, the government must provide one.

• The government must help a person who has been accused of a crime to get witnesses who might help show that he or she is not guilty.

• The government must allow a person who has been charged with a crime to ask questions of witnesses who might testify against him or her.

Definition of Obtain Friendly Witnesses:

• The government must allow a person who has been accused of a crime to have a lawyer to help argue his or her case. If a person cannot afford a lawyer, the government must provide one.

• The government must help a person who has been accused of a crime to get witnesses who might help show that he or she is not guilty.

• The government must allow a person who has been charged with a crime to ask questions of witnesses who might testify against him or her.

• The government must tell people what they are charged with.

Definition of Right to a Lawyer:

• The government must allow a person who has been charged with a crime to ask questions of witnesses who might testify against him or her.

• The government must help a person who has been accused of a crime to get witnesses who might help show that he or she is not guilty.

• The government must allow a person who has been accused of a crime to have a lawyer to help argue his or her case. If a person cannot afford a lawyer, the government must provide one.

• The government cannot keep a person in jail for unreasonable amounts of time as he or she awaits trial.

Definition of Presumption of Innocence:

• The government must presume that a person who has been accused of a crime is innocent until they are found guilty.

• The government, not the accused, must “prove” its case i.e., that a person is guilty. A person who has been accused of a crime does not have to prove that they are not guilty.

• The government must allow people to have a trial held before an open audience.

• The government cannot force a person to testify against himself or herself.