Legal Question in Civil Rights Law in Georgia
When does ''due process'' begin
Does the term ''due process'' begin when an acusation of a crime is made by the state? When a warrant is issued by a judge does due process begin there?
2 Answers from Attorneys
Re: When does ''due process'' begin
Due process is a legal concept which operates in the background as a standard against which all actions of law enforcement and the criminal justice system are judged. Simply stated, it means a guarantee of the application of all rights and protections to anyone who comes within that system.
Re: When does ''due process'' begin
Ok, let me take a stab at this. "Due process" is a right guaranteed by the Constitution, it ALWAYS applies. So, it doesn't start anywhere, it just is.
No matter what the government does, it's not supposed to violate your right to due process. Due process doesn't mean they have to be fair all the time, it doesn't mean they have to get it right all the time, but it does mean that there have to be standards and if they violate them in some extreme way, you have to be compensated in some way.
In some cases, you can win freedom from prosecution at all, in other cases, they have to give you monetary compensation. It just depends.
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