Blog 4.2 "Due Process!"

"Their responses, edited for clarity and style..." 

1.  According to Scheindlin, due process is only a requirement that the government has to follow, while others are free to act on accusations by their own judgement. 

2.  Legal action consists of charges, proof, and judicial decision.

3.  The government must inform you of charges before its tries to act on them; you must be given a chance to give your own account to a neutral "fact-finder".

4. Due process places restrictions on the government in order that an accused individual may be knowledgeable of his situation and defend himself to some authority.

5.  A journalist should try to cover both parts of the story and only present findings after extensive research of reputable sources.

6. Legally, due process is the right to be heard, while culturally it is seen as responsibility to not blindly accept accusations (or as an excuse to delay judgement).

7. Moore was correct in saying that the accusations should be substantiated (preferably in a court setting) before they are accepted as truth; however, believing that he should be shielded from judgment was a stretch and not covered by due process.

8. The court has required that the government should allow the accused to be heard in court, and any actions the government seeks to take against the accused should be subject to a number of standards (balancing test).

9. Substantive due process is relatively constant in every situation, while procedural due process can vary according to the circumstances of the case and are often determined by subjective or unclear standards.