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Process of law
PROCESS OF LAW

Definition: (law) (in the US) The right of a citizen to be treated fairly, especially the right to a fair trial.
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* All fifteen elements should be in.


1. Purposeful and considered necessary. And starts from the moment a right exists or from an occasion in which a right should be given.

2. Basis of suspicion, source of accusation, details of charges, etc. will be timely made known to the 'accused' or offender.

3. Arrest, interrogation, arraignment, etc. will, if not stated specifically in law, be humanely executed, as prescribed by the rules and regulations guiding the law enforcers.

4. Conveyance facility (for example, a Black Maria), detention facilities, before and during trial, will not be dehumanising or deliberately made to be substandard or of poor quality.

5. Privileges and advantages due, if any, are read and/or interpreted to the offender or the accused at each stage of process.

6. Legal representation, especially where provided by the state, will be of the best class/grade or quality available.

7. No use of force or threat or inducement will be used to obtain a statement, confession, etc. That is, whatever the person who is standing trial says will be of his or her freewill, after appropriate caution, etc. (To emphasize.)

8. A reasonable objection about a presiding judge or judges or about a member of the jury or court martial, etc. will be addressed or taken into consideration in proceeding with trial.

9. Trial proper, especially the conduct of the prosecution will be closely guided and confirmed to be in order. That is, Constitution, international conventions, rules of court, etc. will not be breached in trying to secure a conviction! In other words, trial will be conducted in line with right procedures.

10. Opportunity will be provided, for the benefit of the accused, before a judgment, to have somebody give a character assessment, or for the defense to make an allocutus, or for a friend of the court to ... .

11. An appeal to a higher level of court (where applicable), up to the highest court in the land, will be possible in the situation. And/or judicial pronouncements will support the process.

12. Process will not be stalled or 'derailed' and cannot be substituted or replaced. That is, the seriousness of the need for justice to be served will be assured by what takes place while accused is on trial. In other words, there will be no instance of an unnecessarily prolonged adjournment.

13. Not a complex or confusing process. That is, where a right is seemingly being denied, the counsel, or judge, or judge advocate can and will explain to an accused, the reason(s) for the decision made.

14. The right will be cast in stone! That is, where a justification is demanded for observance of 'entitlement', this will be supported by the relevant law or laws. In other words, accused or convict will not be at the mercy of the police/sheriff or judge/juror or prison warden(s)/warder(s).

15. Process will be concluded and serve purpose(s) (= justice!), for all the parties concerned !!
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See perfect RULE OF LAW.

* No incurable defect.

See perfect FAIR HEARING.

* No lack of jurisdiction.





Quote: "Justice based purely on law is about as accurate as a portrait created out of large low-resolution color pixels. If you stand back far enough it looks good. Come any closer and the glaring approximations overtake all the semblance of the original. Justice should be viewable under the microscope, not from the telescope. And for that it needs to be based not on law but on truth". - Vera Nazarian.

Quote: "If one really wishes to know how justice is administered in a country, one does not question the policeman, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected - those, precisely, who need the law's protection most! - and listens to their testimony". - James Baldwin.

Quote: "The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become a legalized version of the first". - Thomas Jefferson, (1743-1826).

Quote: "We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law". - Edward R. Murrow.

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