KNOW THE LAW

How is “Due Process of the Law”?

And What is a “Writ of Habeas Corpus”?

The 5th and 14th Amendments to the U.S. Constitution guarantee, among other things, that neither the federal government nor any state, “... shall deprive any person of life, liberty, or property, without due process of law.”

People arrested, imprisoned or otherwise punished by the government, have the right to know the charges against them and to have the chance to defend themselves against those charges. The government must follow the process outlined in the law itself when making decisions about how to treat a person charged with a crime. The lawyer(s) for the person detained can file a Writ of Habeas Corpus which demands that the detainee be brought before a judge to determine if their detention is lawful, even before their case is tried.

The Constitutional right to due process and habeas corpus have been generally applied to both U.S. citizens and noncitizens (also called foreign nationals) except during a war or when the person has recently entered the country under specific unlawful circumstances.

For more information visit:

https://constitutioncenter.org/theconstitution/amendments/amendment-xiv

And: https://constitutioncenter.org/news-debate/podcasts/what-is-habeas-corpus

WHY DOES THIS MATTER?

Some U.S. residents are being detained, imprisoned, or deported without being charged with a crime, informed of their rights, offered legal representation, or given a.hearing in court. These actions have been challenged by many legal justice organizations as unconstitutional, since they deny people their liberty without due process.

Link to more civics topics: http://lwvsonoma.org/CivicsMenu