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Rights to due process; due process of law
n. a fundamental principle of fairness in all legal matters,
both civil and criminal, especially in the courts. All legal
procedures set by statute and court practice, including
notice of rights, must be followed for each individual so that
no prejudicial or unequal treatment will result. While
somewhat indefinite the term can be gauged by its aim to
safeguard both private and public rights against unfairness.
The universal guarantee of due process is in the Fifth
Amendment to the U. S. The American Constitution which
provides "No person shall...be deprived of life, liberty, or
property, without due process of law," and applied to all
states by the 14th Amendment. From this basic principle flow
many legal decisions determining both procedural and
substantive rights.
2.)
Rights to speedy disposition of cases; The right to a
speedy disposition of cases, like the right to a speedy trial, is
deemed violated only when the proceedings is attended by
vexatious, capricious, and oppressive delays; or when
unjustified postponements of the trial are asked for and
secured, or when without cause or unjustifiable motive, a
long period of time is allowed to elapse without the party
having his case tried. In the determination of whether or not
that right has been violated, the factors that may be
considered and balanced are: the length of the delay the
reasons for such delay, the assertion or failure to assert such
right by the accused, and the prejudice caused by the delay.
3.)
Right to bail; The system that governs the status of
individuals charged with committing crimes, from the time of
their arrest to the time of their trial, and pending appeal,
with the major purpose of ensuring their presence at trial.In
general, an individual accused of a crime must be held in the
custody of the court until his or her guilt or innocence is
determined. However, the court has the option of releasing
the individual before that determination is made, and this
option is called bail. Bail is set by the judge during the