Pro
Se, “For one's own behalf; in person. As in the case of one who does not retain a lawyer
and appears for
himself or herself in court”.
TBR Leighton Bradford Editor-in-Chief
Allowing
attorneys to advertise on television undermines jurisprudence. As a result,
justice goes towards the highest bidder? If the plaintiff does not have the
means, the cold weal of market forces, should not dictate who receives justice.
In college, a professor once asked me what is just? My retort, apparently not the
merits of my studies within this class? Within the current judicial process-fairness must come into play. The bottom-line or a profit
margin must not influence due process. Our court system seems to reward
association and alumni legal status. You rarely see a barrister accepting pro
bono work? Honestly! Do you think an attorney is going to give weight to
someone who is financially challenged? It's obvious that the integrity of this profession is diminishing. The routine of the lesser courts judicial system trumps substantive
or procedural due process. “So and so, for the people”!
Substantive
Due Process:
The substantive limitations placed on the content or subject
matter of state and federal laws by the Due Process Clauses of the Fifth and
Fourteenth Amendments to the U.S. Constitution.
In
general, substantive due process prohibits the government from infringing on
fundamental constitutional liberties. By contrast, procedural due process
refers to the procedural limitations placed on the manner in which a law is
administered, applied, or enforced. Thus, procedural due process prohibits the
government from arbitrarily depriving individuals of legally protected
interests without first giving them notice and the opportunity to be heard.
The
Due Process Clause provides that no person shall be "deprived of life,
liberty, or property without due process of law." When courts face
questions concerning procedural due process, the controlling word in this
clause is process. Courts must determine how much process is due in a
particular hearing to satisfy the fairness requirements of the Constitution.
When courts face questions concerning substantive due process, the controlling
issue is liberty. Courts must determine the nature and the scope of the
liberty protected by the Constitution before affording litigants a particular
freedom. (http://legal-dictionary.thefreedictionary.com/Substantive+Due+Process)
Procedural
Due Process:
noun due process of law, legal fairness, legal
safeguards, protection against deprivations, protection
guarantees, protection of deprivation of accepted legal principles Generally: fundamental fairness Specifically: Fifth Amendment, Fourteenth Amendment
Associated concepts: procedural due process, right to confront accuser.(legal dictionary)
Associated concepts: procedural due process, right to confront accuser.(legal dictionary)
To that claim,
Judge Hillman wrote: "To require the town to provide any greater level of
procedural due process at the pre-discipline stage would unnecessarily intrude
on the town's interest in temporarily removing an unsatisfactory employee and
in efficiently administering its personnel system”.
COA
director's request is denied; Political activity leads to ... by Telegram
& Gazette (Worcester, MA
The aforementioned text offers insight into the basic concept or
meaning of due process. The blind fold has been lifted off of the face of
justice within Desoto and Shelby County courts, and legal venues throughout our nation. The good
ole boy system includes people of color as well. A receding culture holds on to the last
vestige of a social stance, in lieu of social change. The Thwarting of Black
males is the presumed understanding. Meaning; male individuals of African descent
have an unsaid prison social contract. The
privatizing of prisons requires Black souls! The various state legal bars lack
the oversight as it relates to its wayward offspring. Routine or manufactured
precedent prevails. A first responder remarks “When the judge etc...” becomes
an obvious flag of a manufactured precedent. This person or entity knows the
outcome? The incident has an identified
result. The almighty dollar seems to dictate jurisprudence. Lawyers will seek
fortune and will not embrace the constitution or serve the needs of the ongoing
public with due diligence. Money or paper should not dictate whether or not justice
is served! The body politic is not best
served with the hold host of barristers! The modern-day paper chase is an
embarrassment towards the profession. Individuals of African descent continue
to be wronged within our justice system, while our white house leadership
concentrates on foreign or alternative lifestyles? The white house seems to
scoff at the fundamental needs of individuals of African descent; moreover, the forgoing
public opinion. The working man needs to rebuke a system that cultivates an
exclusive lawyer stance. The poor
continue to suffer from the lack of due process. The recent Supreme Court
decisions do not integrate the constitutionality of a given subject but offer biased
political remedy. County, State, and Municipal provinces make their own rules,
and scoff at constitutional attributes. If
an individual wants to embrace a pro
se stance, what say the body politic? Is it a guaranteed loss? Do
lawyers feel insecure about an individual representing themselves? It’s all
about the paper “G”! The legal profession is diminished when justice is
associated with the bottom-line. The salaries of public defenders should be increased. The constitution becomes a mere parchment
adopted by old white dudes unless it’s given defined meaning. The United States
will become a tier below a third world country if finances influence the
outcome of court decisions.
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