Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Do you agree with the following? Conclude yes or no and explain why. In your explanation, be sure to provide the rule and apply the

Do you agree with the following? Conclude "yes" or "no" and explain why. In your explanation, be sure to provide the rule and apply the law to the facts.

By definition procedural due process, "refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be givennotice, the opportunity to be heard, and a decision by a neutral decision-maker"(Cornell law, procedural due process). Due process requires specific procedures as created by Judge Henry Friendly which includes, "An unbiased tribunal, notice of the proposed action and the grounds asserted for it, opportunity to present reasons why the proposed action should not be taken, the right to present evidence, including the right to call witnesses, the right to know opposing evidence, the right to cross-examine adverse witnesses, a decision based exclusively on the evidence presented, opportunity to be represented by counsel, requirement that the tribunal make a record of the evidence presented and requirement that the tribunal prepare written findings of fact and reasons for its decision"(Cornell law, procedural due process). In this case of Terry, who was committed to a secure mental institution at 16 years old by his father, is now suing the state 9 years later arguing that he was been denied his right to procedural due process. Because he was court ordered to go into a mental institution before he was an adult once he became an adult he has the right to an unbiased tribunal. Given he has been in the same mental institution to be evaluated by the same institution would be biased so therefore he has the right to an unbiased tribunal and to be evaluated by other mental institutions to get a more accurate conclusion on his mental state. He also has the right to be present reasons why the proposed action should not be taken especially since it was a governmental action. I think Terry has some valid arguments in his case against the state.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Legal Research Analysis and Writing

Authors: William H. Putman, Jennifer Albright

4th edition

1305948378, 9781337469531 , 978-1305948372

More Books

Students also viewed these Law questions