Compare And Contrast Procedural And Substantive Due Process

Loss or theft of organization’s devices like Laptops and portable devices which containing the institutional records.

Due Process of law can be defined as a right guaranteed in the 5th and 14th amendments of the U.S.

Due process is when all criminal suspects are guaranteed that they will have the ability to question the evidence against them in an open format. This is where they are entitled to the same protections and procedures as everyone else during a criminal proceeding. As a result, anything that is denying them of these safeguards is violation of their basic rights. (Sundahl, 2011)

A forum applies its own choice of law approach. So here North Montana will apply the Second Restatement of Conflicts of Laws as the state follows that approach. Under the Second Restatement, three main steps need to be considered: 1) whether the conflict is procedural or substantive, 2) whether a choice of law provision in a contract should be applied, and 3) the application of a choice of law rule. Here, it appears that the choice of law provision selecting Old York should be applied because none of the exceptions to the general rule apply.

When including a bill of right, James Madison, consciously added the Ninth Amendment to assure individuals that the listed rights in Constitution were nowhere near exhaustive. Concerns about too much power from a federal government, Madison wrote the Bill of Rights as a restriction against federal since states had their own bill of rights. However, this left states to act as they wished without checks from the federal government. Through the Thirteenth and Fourteenth Amendment, congress had hoped to safeguard individual rights from states as well. Its vague language, though, left too much room for interpretation and ushered in what many saw as a blatant disregard for textual understanding the Constitution.

“The right to due process,” the only phrase respeated more than once in the Constitution, is guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one should be deprived of “life, liberty, or property without due process of law,” has become a crucial part of the foundation of the American legal system. Ascertaining over eleven different rights, including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and seizure, the due process clause ensures that everyone is treated equally and has the same rights as any other individual involved with the judicial system. The original premise of due process dates back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by King John’s disgruntled elite class, the Magna

Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students

“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due

The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person, each and every second and no one some of the time. Debates are good for both models, but for all growth on one side, there must be one on the opposing side as well. The Crime Control Model, prosecutor or the police, is not in favor for the Due Process Model, a person, to have more rights than they do. Each and every individual who is a United States citizen should know what his or her rights are.

Factually, the due process mission of this model is protecting guiltless individuals from wrongful prosecution within the system. The Fourteenth Amendment incorporate the Bill of Rights that supports the Due process model set by the framers of the Constitution (Bill of Rights, 1868).

In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.

The two types of due process is the procedural due process and the substantive due process. Procedural due process is that government officials must follow procedures and not act without a reason when making laws. It requires the government to act in particular ways before regulating or taking away the life, liberty, or property of someone. The proceedings must be clear by stating the charges that the person have done and fair where they have a jury and the right to bring witnesses. Substantive due process is the Constitution prohibits some laws, no matter how popular those laws may be with legislatures, executives, or the people. It is based on the idea that some rights are important to the point that the government must have a reason to change

FERPA prohibits the disclosure of a student’s protected information to a third party. This disclosure is prohibited whether it is made by hand delivery, verbally, fax, mail, or electronic transmission. Disclosure also includes the provision of access to the educational institution’s career center database of student resumes. For purposes of FERPA, a third party includes any individual or organization other than the student or the student’s parent. With respect to third parties, even if the initial disclosure of protected information is permissible, FERPA limits the subsequent disclosure of the information by the third party. Furthermore, once an educational institution discloses protected information to a third party, it must ensure that the third party does not itself improperly disclose the information in violation of FERPA.

Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments.

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard