- Case Commentaries. Pattenden, Rosemary // International Journal of Evidence & Proof;Mar2011, Vol. 15 Issue 1, p70
The article focuses on the suspect's right to counsel and obtain legal advice during police detention in Great Britain and Canada. It notes that as both the British and the Canadian supreme court recognize a detained suspect's right to a legal advice before being interviewed by the police, they...
- HAMDI V. RUMSFELD: JUDICIOUS BALANCING AT THE INTERSECTION OF THE EXECUTIVE'S POWER TO DETAIN AND THE CITIZEN-DETAINEE'S RIGHT TO DUE PROCESS. Anderson, James B. // Journal of Criminal Law & Criminology;Spring2005, Vol. 95 Issue 3, p689
This article discusses the case Hamdi v. Rumsfeld, which involves the judicious balancing at the intersection of the executive's power to detain and the citizen-detainee's right to due process. In Hamdi v. Rumsfeld, the U.S. Supreme Court held that a citizen detained by the Government as an...
- DUE PROCESS AND "THE WORST OF THE WORST": MENTAL COMPETENCE IN SEXUALLY VIOLENT PREDATOR CIVIL COMMITMENT PROCEEDINGS. Schwab, John L. // Columbia Law Review;May2012, Vol. 112 Issue 4, p912
Sexually Violent Predator ("SVP") civil commitment statutes have been adopted by a number of states and by the federal government. The statutes provide for the indefinite post-incarceration detention of individuals whom the state determines have a strong potential for committing violent sex acts...
- SIXTH AMENDMENT--DUE PROCESS ON DRUGS: THE IMPLICATIONS OF FORCIBLY MEDICATING PRETRIAL DETAINEES WITH ANTIPSYCHOTIC DRUGS. Ziegelmueller, William P. // Journal of Criminal Law & Criminology;Winter1993, Vol. 83 Issue 4, p836
The article examines U.S. Supreme Court ruling in the case of Riggins vs. Nevada which held that a person detained for trial has a liberty interest under the Due Process Clause of the Fourteenth Amendment in being free from the unwanted administration of antipsychotic drugs. In this case, the...
- HAMDI MEETS YOUNGSTOWN: JUSTICE JACKSON'S WARTIME SECURITY JURISPRUDENCE AND THE DETENTION OF "ENEMY COMBATANTS" Cleveland, Sarah H. // Albany Law Review;2005, Vol. 68 Issue 4, p1127
Addresses the contribution of the late U.S. Supreme Court Justice Robert H. Jackson's wartime security jurisprudence to contemporary questions of executive detention of enemy combatants and to a court decision in the case Hamdi versus Rumsfeld. Position of Jackson on the reconciliation of...
- Due Process and the Administrative State. Rubin, Edward L. // California Law Review;Dec84, Vol. 72 Issue 6, p1044
Argues that there is little need for the U.S. Supreme Court to transform the preexisting due process doctrine or the modern legal theory that underlies it. Development of procedural due process; Scope of the due process clause; Inquiry into the content of due process protection.
- ACHIEVING DUE PROCESS OF LAW: AN ADMINISTRATIVE ALTERNATIVE TO THE EMPTY PROMISE OF FORMAL HEARINGS. Chitwood, Stephen R. // Southern Review of Public Administration;Mar82, Vol. 6 Issue 1, p43
Presents an administrative alternative to the promise of formal hearings in achieving due process of law in the U.S. Interests of life, liberty and property affected by the actions and decisions of public administrators; Procedures for committing minors to mental institutions.
- DUE PROCESS, THE BURGER COURT, AND PUBLIC ADMINISTRATION. Cooper, Phillip J. // Southern Review of Public Administration;Mar82, Vol. 6 Issue 1, p65
Analyzes the administration of due process rulings in the city court in Warren, Michigan. Transition period and modes of change; Increase in due process requirements on decision processes; Reduction in judicial pressure on the administrative process.
- due process. // Taber's Cyclopedic Medical Dictionary (2009);2009, Issue 21, p699
A definition of the term "due process," which refers to the standard or customary application of prevailing laws or rules, is presented.