Discussion Question 1: Due Process

 The textbook of "Criminal Law" written by Gardner Anderson explain that Due Process mostly can seen used in a status crime. Some states may use appropriate guidance to rule residents in participating protest act; however, in this case, witness three men in the scene the policeman believe it will insult a suspicious crime so that will be an issue. I learned that Due Process statute is a restrain under Fourteenth Amendment and works to prohibit a state crime from someone trying to make protected public (protected life, liberty, or property interest) from offenders' misconduct. Therefore, some people may think it is unconstitutional, I think it is also a best way to keep law enforcement to execute their authority in justice upon public in order to maintain public safety and threaten the vitals. Due Process still facing a challenge of void for vagueness and overbreadth, such as fair notices that await the evidence or witness's verbal evidence. 

from Discussion Question 1: Due Process

Aug 31, 2023 9:08PM

Chiuying Perng

Hi Sofia,

Based on the slide, professor missy mentioned can really apply to this situation of that no due process will involved in a crime against one's life or property no matter in a state or federal level. I agree with you that fist amendment states the rudimentary right for people to obey its relevant rights and obligation of speech and assembly; however, in this case the offenders should observe a right to reverse from lack of evidences to avoid two concerns of void for vagueness and overbreath excusses. Regulation may also ruling the way of participatings and its audiences in assembly as well as protest incidents. In the first chapter, we also can understand the base line and range of covering distinguishes from federal law, state law, and its regulations；therefore, city law is not the assertion can used against federal law or state law.