Did due process of law exercise in your country?

@aerous (13434)
Philippines
July 8, 2009 11:54pm CST
Due process had it's beginnings in the Garden of Eden. The Bible tell us that when Adam and Eve disobeyed the stricture that they not eat of the forbidden fruit, God did not immediately punish them. The first thing that the All-Knowing said was "Where art thou, Adam?" - thereby giving him notice. If you notice here. God, give Adam a chance to be heard. Due process is a guaranty against any arbitrariness on the part of the government, whether committed by the legislature, the executive, or judiciary. If the law itself unreasonably deprives a person of his life or liberty or his property. He is denied the protection of due process. If the enjoyment of his rights is conditioned on an unreasonable requirement, due process is likewise violated. This topics is timely because of the series unrest indifferent countries as we witness today. We see unreasonable arrest and more violation of human rights that the authorities not respected. In your country. Did due process of law, will exercise? What due process of law means to you?
2 people like this
3 responses
@PeacefulWmn9 (10420)
• United States
10 Jul 09
Hello Aerous. I had never looked at Genesis from that prospective, but it makes a very good example of due process. The United States Constitution does state that a basic human right is "due process." To me, this means that someone caught committing a crime or accused of a crime has the right to know of what he/she is accused, the right to a speedy hearing/trial, and decent legal representation, regardless of circumstances. Someone on trial has a right to be "judged" by a jury of his peers, peers who have no prior biases. A very good topic. Karen
@aerous (13434)
• Philippines
11 Jul 09
Hello karen, You know I appreciate the justice system of the United State of America. It is more transparent than the justice systems of the Philippines. One thing I appreciate is that the presentation of the jury. That representation is prevent both of the accuse and the complainant gain bias conviction from the judge. another good thing in your country, is that they can't arrest persons without collaborating evidence. And if the enforcement agency has strong evidence to suffice the allegation. That's is the time to request for a warrant of arrest or a search warrant. Here in the Philippines, due process is always been violated by the authorities (Police). They arrest persons without sufficient evidence and detain it for interrogation without consideration of due process of law. I witness more violation of the arresting officers here. There is warrant of arrest nor search warrant before they make an actions. The justice systems is called double standard because if you are rich you treated well and you have a good room in the prisons. If you are poor, you are tortured until you agree on the allegation that you can't do or even you can do the crimes. You put in a crowded place. There is no equal treatment that justice, must be apply...Most of the Judge is biases, and influence by politicians. There is no equal protection of rights and distributions of legal services. If you are poor, you denied from accessing the court unless the Judge, is kind enough and applying the rule of equal protection...this is the sad part of being poor, my friend. They are always denied from the bar of justice. Who will be depend the rights of this people from those inhuman acts of the Governments and authorities that designated as the protector of human rights, but the number one violators of human lives.
1 person likes this
@aerous (13434)
• Philippines
16 Jul 09
We hope so that our beautiful country will attain it's ideals, karen. Life here is really good if politicians doing good for this country. Because Philippines, is called Pearl of the Orient, from the Spanish because rich in minerals and natural resources. The problems is that politicians concepts is to gain more material things from this professions not providing public service but as a professions. Sad to say but that is happening. We are not count them all but good politicians is few in number that is why they also influence to do such acts of corruptions... In our region believe it or not. Besides it's beauty you cannot feel progress but people is contented what they have...because their believe is useless to complain while politician not listen...But you know karen, our province has many beautiful places to go but they are not discover and no foreigner that see in this part of the Philippines beside it beauty and mountainous areas... Don't why? Perhaps this is lack of political will of the politicians in that region and due also it's far apart from the center of the Philippines...Our province is one of the peaceful places in the Philippines...
• United States
11 Jul 09
Hi Aerous. I am truly saddened to hear of the unfair practices and corruption going on in your beautiful land. I feel fortunate that things are addressed differently here. Some corruption, of course, exists everywhere, but when found out here, the corrupt officials are put out of office, and corrupt police officers lose their jobs or go to jail. And everybody, rich or poor, has legal representation. If evidence is not gathered, and papers not issued before a search or arrest, the case is likely to get thrown out of court. There are also now video cameras installed on every police car to catch and correct brutality and false arrests. Those videos where an officer is in the wrong are aired on public television. Torture is also against the law, and violators of that law have to be held accountable. America is by no means perfect, but I am happy to be a citizen here. We do work hard to correct wrongs when they are brought to light. I hope that someday, your land and its people are also treated more fairly!
• United States
9 Jul 09
So a omnissent omnipotent entity who knew creation would sin, and created Adam knowing that (basically god was responsible for Adam's sin because he could have created Adam so he wouldn't or just put the damn tree somewhere else), and then pushished that creation's children for 4 thousand years until a proper blood sacrifice was made is due process? Ummkay. Due process is slipping away in the United States. There is really no due process in regards to tax liabilities. Many cities and towns will seize property without process. Probably the worst offence is the recent re-interpretation of the idea of eminint domain where a government can seize (after paying what it feels like) private property, not for a truely public project like a road or resivour but for a privately held development like upper class housing developments and recreational facilities.
@aerous (13434)
• Philippines
10 Jul 09
Before the government make any search and seizures. There must a court order specifying the reason for that search or seizures...It is illegal and for those authorize officer to conduct any search and seizures without the written order from the court and no search warrant or warrant of arrest shall issue except upon probable cause to be determine personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and particularly describing the place to search and the person or things to seized. The rights against unreasonable searches and seizures and the privacy of communication and correspondence are available to all persons, including aliens, whether accused or crimes or not. The application of power of eminent domain is clause that private property shall not be taken for public use without just compensation. This clause is not a guaranty because before the government acquire a private property for public use. They need to offer to buy the private property. If the owner is willing to sell it and the parties can agree on the price and other conditions of the sale, a voluntary transaction can then be concluded and the transfer effected without the necessity of judicial actions. But if the owner of the private property is unwilling to sale of his/her property or being willing, but cannot agree to the conditions of the transfer, then it will be necessary for the government to use its coercive power to acquire the said property. But by the power of eminent domain, it can then, upon payment of just compensation, even they forcibly acquire the property intended for public use.. You need to understand here that the power of eminent domain is the power of the state to forcibly acquire a private property intended for public use but with just compensation...they can't acquire your property without payment from the government. If they forcibly acquire your property forcibly and without paying on it. This is a violation of power of eminent domain and you can file charges against those authorize officer to enforce that order...
• United States
15 Jul 09
It is a violation of due process because a city can harass property owners and seise property and then the victom has the right to a lawsuit. That's backwords. There is a bike shop here in Topeka that refused to sell to the city who then turned the area over to a developer who put up expesive apartment buildings. The bike shop is still there but it has had it's utilities cut, by the city without due process.
@aerous (13434)
• Philippines
16 Jul 09
If the demolition team has no papers coming the Judge. That demolition is violation under the due process of Law. Under our constitution in the Philippines, the constitution provides that "No private property shall be taken without just compensation" this is in relation from the "power of eminent domain".
@KrauseHome (36448)
• United States
29 Dec 12
Well, like others have said this is a good explanation of how Due process should be, but we all know it is not like this in many countries and most of the time you are proven guilty way before innocence sometimes just because of who you are. It would be nice if everywhere could go back to what it was supposed to mean here. It would make things a lot better for sure.
@aerous (13434)
• Philippines
30 Dec 12
That's true, friend. Justice is only for those with power and money, sometimes. Those under privilege in life is always a victim because they cannot provide good lawyer to protect and depend their rights to due process. Even the country has a democratic, kind of government there is always deprivation among the people. It more so, in communist and Islam countries, which did not respect human rights and or rights of the people to be heard for their innocence.