我们每个个人都拥有一些特定的权利 There are certain individual rights
这被认为是绝对的 that are recognized as absolute when
尤其在现代社会看来 这是必须的 it comes to modern society, and, yes, these rights unfortunately
这些权利包括你发推特的权利
午餐吃恺撒沙拉的权利 include tweeting that you had a Caesar salad for lunch--
别忘了 还有言论自由哟 freedom of speech, after all.
我们还有一项基本的权利 那就是正当程序权 But another fundamental right is the right to due process.
或许你听说过 You may be familiar with the term,
因为它是美国司法哲学中不可或缺的一部分 since it's an integral part of American judicial philosophy,
更不要提《权利法案》了 not to mention the Bill of Rights.
事实上 正当程序是《宪法》中 In fact, it's the only command in the Constitution
唯一提到两次的 但它到底是什么意思呢？ stated twice, but what does it mean, exactly?
本质上说 正当程序是一项法律要求 Essentially, due process is the legal requirement
政府必须尊重公民所有合法的权利 that a government must respect all of a person's legal rights
然后才可能剥夺他的 before taking from them, and I quote, "life, liberty,
“生命 自由或财产” or property."
Specific elements of due process include the right
to a notice of the charges against you,
the opportunity to be heard, and the opportunity
to defend yourself.
When a system of law ignores any one of these steps
before convicting someone, this constitutes
a violation of due process and the rule of law.
This is not a new idea, by the way.
The very concept of due process was originally
documented in the Magna Carta, no, the other one.
Florida law, like most everywhere,
includes within the idea of due process certain protections.
For example, you can't be forced to testify against yourself.
Due process also means no double jeopardy,
which does not mean two doses of a TV trivia game show.
It means being tried for the same offense twice.
It must be remembered that due process only
applies to the government, either state or federal,
and not necessarily to, say, a private school
disciplining a student.
The one thing the idea of due process lacks is specifics.
It doesn't really outline which exact processes are due.
The basic idea is that someone accused of something
should have a chance to face her accusers
and give her side of the story, so most everyone
agrees that, at a minimum, due process
must include notice of the accusation,
a hearing of some type, and a ruling.
The particulars are usually covered
in each jurisdiction's code of law
for different types of cases.
Nonetheless, due process is supposed
to apply to all citizens, without exception.
If you think you're being prevented due process
or just want to find out more about it,
visit LegalYou, because you have a right to know your rights.
LegalYou, you can do this.