March 19, 2019 | Criminal Procedure & Due Process
Federal Lawsuit Against State DOC Alleges Due Process, Civil Rights Violations in Lifetime GPS Monitoring
A Chicago law firm has filed a federal class-action lawsuit against the Wisconsin Department of Corrections alleging civil rights violations concerning the use of GPS monitoring for sex offenders — many of whom have completed their sentences and are not on any form of probation, parole or supervised release — and seeks an injunction to stop the state’s lifetime GPS monitoring program...
March 16, 2019 | Criminal Procedure & Due Process
St. Louis NAACP Backs State Bill Providing Due Process To College Students
Gaskin was praising a bill in the Missouri State House that would provide due process protections for students accused of sexual assault, including the right to an attorney (at their expense) and the ability to cross-examine their accuser and the evidence and witnesses against them. The Associated Press reported the bill would also allow students to remove university officials overseeing procedures for a conflict of interest and keep schools from using terms like “victim” or “survivor” before any investigation has even taken place. Such words promote the presumption of guilt, supporters of the bill say....
March 11, 2019 | Criminal Procedure & Due Process
House Majority Leader Garnett says red flag bill protects due process
DENVER – House Majority Leader Rep. Alec Garnett is defending the red flag bill he co-sponsored as multiple sheriffs and boards of county commissioners from Southern Colorado have come out in opposition to the legislation.
House Bill 1177 creates Extreme Risk Protection Orders which use the state court system to temporarily take away guns from someone believed to be a risk to themselves and others...
March 1, 2019 | Criminal Procedure & Due Process
Judge says ex-AG Horne denied due process in campaign violations case
PHOENIX — A federal judge has agreed to allow former Attorney General Tom Horne to pursue his claim that Yavapai County Attorney Sheila Polk violated his due process rights.
In a new order, Judge Steven Logan acknowledged that Polk, in her role of prosecutor, had absolute immunity from being sued...
February 24, 2019 | Criminal Procedure & Due Process
Missouri Lawmakers to University: Provide Due Process in Sexual Assault Cases
State lawmakers in Missouri are threatening to withhold funding from the embattled University of Missouri if it fails to provide adequate due process to students accused of sexual assault...
February 12, 2019 | Criminal Procedure & Due Process
Red Flag Laws Seek To Balance Gun Safety With Due Process
When an attempt to carry out a gun removal in Maryland's Anne Arundel County left a man dead last November, opponents of the state's red flag law were incensed.
"Whatever you may think of red flag laws, they should not be death sentences. And they were in the case of Gary Willis," said Mark Pennak, an attorney and president of the gun rights organization Maryland Shall Issue...
February 6, 2019 | Criminal Procedure & Due Process
DNC chairman: Fairfax accuser deserves ‘due process’
The woman who has accused Virginia Lt. Gov. Justin Fairfax of sexual assault deserves “due process,” Democratic National Committee Chairman Tom Perez said Wednesday.
Fairfax has denied that the sexual encounter from 2004 was nonconsensual, as the woman has claimed. Evidence that might corroborate either party's version of events has yet to emerge...
February 4, 2019 | Criminal Procedure & Due Process
ABA urges high court to reject rigid bail systems
The American Bar Association has weighed in on a growing national debate over whether an inflexible system that sets fixed amounts for bail and probation is constitutional...
January 25, 2019 | Criminal Procedure & Due Process
Iowa Supreme Court says Cedar Rapids traffic camera do not violate due process
CEDAR RAPIDS, Iowa (KCRG) - Speed and traffic cameras in Cedar Rapids do not violate a constitutional right to due process, the Iowa Supreme Court ruled on Friday.
The high court upheld lower court rulings dismissing a class action lawsuit against the City of Cedar Rapids Speed Cameras. A group of drivers filed that lawsuit in 2018 claiming the cameras violate equal protection, due process and other clauses of the Iowa Constitution...
January 15, 2019 | Criminal Procedure & Due Process
NRA: North Dakota gun control bill denies due process rights
(FARGO) - There’s a bill in the North Dakota legislature that supporters say would keep guns out of the hands of dangerous people.
The “Public Safety Protection Order Bill” allows law enforcement or family members to petition a court to temporarily ban someone considered a danger to themselves or others from possessing guns...
January 11, 2019 | Criminal Procedure & Due Process
Congressman Slams Civil Forfeiture As ‘A Series Of Government Shakedowns’
Speaking at a panel on Capitol Hill Wednesday, Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD) sharply criticized the federal government’s use of civil forfeiture, which lets law enforcement confiscate property and pocket the proceeds for themselves, all without filing criminal charges.
“In this great country, the presumption of innocence has to be first and foremost,” Congressman Walberg said. “But with civil asset forfeiture, that’s not the case.”...
December 3, 2018 | Criminal Procedure & Due Process
Pa. Supreme Court: Names of Catholic clergy will remain shielded
The Pennsylvania Supreme Court on Monday ruled that it would not release the identities of 11 Roman Catholic clerics implicated in a high-profile grand jury investigation of child sexual abuse…
December 3, 2018 | Criminal Procedure & Due Process
County liable for jailing woman 96 days without seeing judge
There are two remaining questions left for a Mississippi woman who sued over being jailed 96 days without seeing a judge: Will the U.S. Supreme Court get involved, and if not, how much will she get paid…
December 2, 2018 | Criminal Procedure & Due Process
Motion for new trial is denied
A former Sandpoint man convicted of lewd conduct and sexual abuse of a minor was denied a new trial last month….
November 30, 2018 | Criminal Procedure & Due Process
Jailed parents must be included in hearings on their kids’ fate, Iowa Supreme Court rules
Parents in prison or jail must be allowed to fully participate in hearings on whether their parental rights will be taken away, the Iowa Supreme Court ruled Friday…
November 29, 2018 | Criminal Procedure & Due Process
New York top court rules non-citizen facing deportation entitled to jury trial
The New York Court of Appeals on Wednesday held that a non citizen charge with a crime…
November 21, 2018 | Criminal Procedure & Due Process
Judge: UM deprived professor of due process in disciplinary case
A University of Michigan professor accused of sexual harassment should have been allowed to cross-examine her accusers, a federal judge has ruled…
November 17, 2018 | Criminal Procedure & Due Process
DeVos proposed new protections for students accused of assault
Education Secretary Betsy DeVos has proposed a major overhaul to the way colleges and universities handle sexual misconduct complaints…
- Criminal Procedure
- Due Process and Justice
- New Jersey v. T.L.O. (1985)
- Gideon v. Wainwright (1963)
- Should the Death Penalty be Abolished?
- Florence v. The Board of Chosen Freeholders (2011)
- Hamdi v. Rumsfeld (2004)
- Hiibel v. 6th Judicial District Court of Nevada (2003)
- Dickerson v. United States (2000)
- Gregg v. Georgia (1976)
- Miranda v. Arizona (1966)
- Olmstead v. United States (1927)
- George W. Bush and the Military Tribunals
- Due Process Central Lessons and Activities
- Airport Scanners and the Fourth Amendment
- Supreme Court GPS Warrant Ruling
- The Arizona Immigration Law Countersuit
- Arizona Immigration Law
- Pardon Me, Mr. President