4.2 “Due Process!”

1.  Why does Shira Scheindlin argue that due process rights for men like Rob Porter have not been violated?

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, so their rights are not being violated.

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.

3.  What "two prongs" of due process does Andrea Curcio identify?

1) The government cannot charge you with a crime or take other action against you without notifying you of the charges or proposed action. 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.

5.  What does Alexandra Lahav say is the role of a journalist in terms of due process?

Journalists should attempt to hear the other side.

6. How does Michael Meltsner argue that due process is different as a legal process and a cultural process?

Culturally, due process takes on a nature of complexities that arise with people with various cultures interact. As a legal process, due process is just the right to be heard before imprisonment or punishment.

7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?

He used to avoid a serious question of misconduct.

8. What does Sergio Campos say that the Court has required of the government because of the due process clause?

The court requires 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?

Substantive is the form Roy Moore referred to while procedural what Trump referred to. An activist judge usually interprets the due process clause in a substantive manner.