fundamental fairness doctrine

Statutory proceedings affecting property rights which, by later resort to the courts, secures to adverse parties an opportunity to be heard, suitable to the occasion, do not deny due process. Anderson Natl Bank v. Luckett, 321 U.S. 233, 24647 (1944). B) Fundamental fairness is unfair to women. 1144 For instance, the presumption of innocence has been central to a number of Supreme Court cases. 1131 See Perry v. New Hampshire, 565 U.S. ___, No. at 8. See also Stewart v. Keyes, 295 U.S. 403, 417 (1935). Rather, the Court focuses on the circumstances in individual cases, and may hold that provision of counsel is not required if the state provides appropriate alternative safeguards.792, Though the calculus may vary, cases not involving detention also are determined on a casebycase basis using a balancing standard.793. Earlier cases, which had focused upon the interests of the holders of the property in not being unjustly deprived of the goods and funds in their possession, leaned toward requiring predeprivation hearings. The fact that the affirmative defense of insanity need only be established by a preponderance of the evidence, while civil commitment requires the higher standard of clear and convincing evidence, does not render the former invalid; proof beyond a reasonable doubt of commission of a criminal act establishes dangerousness justifying confinement and eliminates the risk of confinement for mere idiosyncratic behavior. Patterson was followed in Martin v. Ohio, 480 U.S. 228 (1987) (state need not disprove defendant acted in self-defense based on honest belief she was in imminent danger, when offense is aggravated murder, an element of which is prior calculation and design). Defendants were the automobile retailer and its wholesaler, both New York corporations that did no business in Oklahoma. 849 Bi-Metallic Investment Co. v. State Bd. . According to the Court, the only notice that is required regarding criminal sentences is provided to the defendant by the applicable statutory range and the guidelines. The fundamental fairness doctrine and the total incorporation doctrine are essentially the same. Id. 887 Ingraham v. Wright, 430 U.S. 651, 68082 (1977). There was some question as to the standard to be applied to racial discrimination in prisons after Turner v. Saey, 482 U.S. 78 (1987) (prison regulations upheld if reasonably related to legitimate penological interests). But, of course, the reputation-plus concept is now well-settled. See analysis under Poverty and Fundamental Interests: The Intersection of Due Process and Equal ProtectionGenerally, infra. In Cone v. Bell, 556 U.S. ___, No. But see id. 1103 See, e.g., McDonnell v. United States, 579 U.S. ___, No. Previously, the Court had limited due process protections to constitutional rights, traditional rights, common law rights and natural rights. Now, under a new positivist approach, a protected property or liberty interest might be found based on any positive governmental statute or governmental practice that gave rise to a legitimate expectation. Id. 1964). 763 Goldberg v. Kelly, 397 U.S. 254, 271 (1970). a. declared for the first time that marriage and procreation are fundamental civil rights b. focused on the argument that the due process clause of the Fourteenth Amendment had a substantive dimension as well as a procedural one c. applied the principles of Buck v. Bell in the context of criminals rather than people considered mentally incompetent Guilty Pleas.A defendant may plead guilty instead of insisting that the prosecution prove him guilty. According to the Court, the constitutional deficiency in Mullaney was that the statute made malice an element of the offense, permitted malice to be presumed upon proof of the other elements, and then required the defendant to prove the absence of malice. Kentucky v. Whorton, 441 U.S. 786 (1979) (reiterating that the totality of the circumstances must be looked to in order to determine if failure to so instruct denied due process). 760 Fuentes v. Shevin, 407 U.S. 67, 8081 (1972). 1188 The decisive issue, then, was whether the statute required the state to prove beyond a reasonable doubt each element of the offense. 837 Board of Regents v. Roth, 408 U.S. 564, 56970 (1972); Goss v. Lopez, 419 U.S. 565 (1975). Justice Brennan concurred in one case and dissented in another because in his view open proceedings would operate to protect juveniles from oppression in much the same way as a jury would. The Court, however, refused so to view the Minnesota garnishment action, saying that [t]he States ability to exert its power over the nominal defendant is analytically prerequisite to the insurers entry into the case as a garnishee. Id. 1097 Palmer v. City of Euclid, 402 U.S. 544 (1971); Village of Hoffman Estates v. The Flipside, 455 U.S. 489, 49495 (1982). Mut. 948 Keeton v. Hustler Magazine, 465 U.S. 770 (1984) (holding as well that the forum state may apply single publication rule making defendant liable for nationwide damages). 776 579 U.S. ___, No. 086 (2009). Taylor v. Kentucky, 436 U.S. 478 (1978). This line of thought, referred to as the unconstitutional conditions doctrine, held that, even though a person has no right to a valuable government benefit and even though the government may deny him the benefit for any number of reasons, it may not do so on a basis that infringes his constitutionally protected interestsespecially, his interest in freedom of speech.807 Nonetheless, the two doctrines coexisted in an unstable relationship until the 1960s, when the right-privilege distinction started to be largely disregarded.808. 924(e)(2)(B) (2012). 1318 In re Winship, 397 U.S. 358 (1970). (2011). common night walkers, . Ones liberty, generally expressed as ones freedom from bodily restraint, was a natural right to be forfeited only pursuant to law and strict formal procedures. Inadvertently, the Commission scheduled the hearing after the expiration of the 120 days and the state courts held the requirement to be jurisdictional, necessitating dismissal of the complaint. It has spoken out not only in criminal cases, . at 551. 1005 E.g., McGee v. International Life Ins. The statute was held void, and the Court refused to allow specification of details in the particular indictment to save it because it was the statute, not the indictment, that prescribed the rules to govern conduct.1091, A statute may be so vague or so threatening to constitutionally protected activity that it can be pronounced wholly unconstitutional; in other words, unconstitutional on its face.1092 Thus, for instance, a unanimous Court in Papachristou v. City of Jacksonville1093 struck down as invalid on its face a vagrancy ordinance that punished dissolute persons who go about begging, . Just as in criminal and quasi-criminal cases,762 an impartial decisionmaker is an essential right in civil proceedings as well.763 The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law. 885 See, e.g., Lujan v. G & G Fire Sprinklers, Inc., 523 U.S. 189 (2001) (breach of contract suit against state contractor who withheld payment to subcontractor based on state agency determination of noncompliance with Labor Code sufficient for due process purposes). 963 Id. What is fair in one set of circumstances may be an act of tyranny in others.1136 Conversely, as applied to a criminal trial, denial of due process is the failure to observe that fundamental fairness essential to the very concept of justice. 750 Carfer v. Caldwell, 200 U.S. 293, 297 (1906). United States v. Young, 470 U.S. 1 (1985). fundamental fairness n 1 : the balance or impartiality (of a court proceeding) that is essential to due process 2 : a subjective standard by which a court proceeding is deemed to have followed due process Source: Merriam-Webster's Dictionary of Law 1996. It may use each of these ancient writs in its common law scope, or it may put them to new uses; or it may afford remedy by a simple motion brought either in the court of original conviction or at the place of detention. In Clark, the Court considered an Arizona statute, based on the MNaghten case, that was amended to eliminate the defense of cognitive incapacity. T.L.O., 469 U.S. 325 (1985) (upholding the search of a students purse to determine whether the student possessed cigarettes in violation of school rule; evidence of drug activity held admissible in a prosecution under the juvenile laws). See id. A five-Justice majority, though denying a right to counsel, nevertheless reversed the contempt order because it found that the procedures followed remained inadequate. Connecticut Bd. 870 Arnett v. Kennedy, 416 U.S. 134, 17071 (1974) (Justice Powell concurring), and 416 U.S. at 19596 (Justice White concurring in part and dissenting in part); Cleveland Bd. Co. v. Dunlevy, 241 U.S. 518 (1916) (action purportedly against property within state, proceeds of an insurance policy, was really an in personam action against claimant and, claimant not having been served, the judgment is void). at 377. Palermo v. United States, 360 U.S. 343 (1959), sustaining 18 U.S.C. The defense of entrapment was rejected as to all the Abscam defendants. [But] the liberty of a parolee, although indeterminate, includes many of the core values of unqualified liberty and its termination inicts a grievous loss on the parolee and often on others. 1223 For instance, if the defendant is likely to remain civilly committed absent medication, this would diminish the governments interest in prosecution. 1018 Sawyer v. Piper, 189 U.S. 154 (1903). . v. Craft, 436 U.S. 1 (1978). In order to declare a denial of it . Where the conduct in question is at the margins of the meaning of an unclear statute, however, it will be struck down as applied. Justices Brennan and Stevens would have required confrontation and cross-examination. 1322 This single rule, the Court explained, will permit school authorities to regulate their conduct according to the dictates of reason and common sense. 469 U.S. at 343. Instead, the inmates substantive liberty interest (derived from the Due Process Clause as well as from state law) was adequately protected by an administrative hearing before independent medical professionals, at which hearing the inmate has the right to a lay advisor but not an attorney. In 1970, the Court held in In re Winship that the Due Process Clauses of the Fifth and Fourteenth Amendments [protect] the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.1175, The standard is closely related to the presumption of innocence, which helps to ensure a defendant a fair trial,1176 and requires that a jury consider a case solely on the evidence.1177 The reasonable doubt standard plays a vital role in the American scheme of criminal procedure. 1002 McDonald v. Mabee, 243 U.S. 90, 92 (1971). 1084 See Sixth Amendment, Notice of Accusation, supra. 869 Mitchell v. W.T. See Armstrong v. Manzo, 380 U.S. 545 (1965) (natural father, with visitation rights, must be given notice and opportunity to be heard with respect to impending adoption proceedings); Stanley v. Illinois, 405 U.S. 645 (1972) (unwed father could not simply be presumed unfit to have custody of his children because his interest in his children warrants deference and protection). 1137 Lisenba v. California, 314 U.S. 219, 236 (1941). 925 Lafayette Ins. Screws v. United States, 325 U.S. 91, 10103 (1945) (plurality opinion). Rep. 718 (1843), states that [T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong. 8 Eng. 1169 473 U.S. at 682. 1216 Foucha v. Louisiana, 504 U.S. 71 (1992). Co. v. Pennsylvania, 368 U.S. 71 (1961). On prejudicial publicity, see Beck v. Washington, 369 U.S. 541 (1962). Accord Smith v. Cain, 565 U.S. ___, No. Co. v. Tyrrell, 581 U.S. ___, No. 877 See Nelson v. Colorado, 581 U.S. ___, No. At first, the Courts emphasis on the importance of the statutory rights to the claimant led some lower courts to apply the Due Process Clause by assessing the weights of the interests involved and the harm done to one who lost what he was claiming. . Earlier, the Court had held that before a juvenile could be waived to an adult court for trial, there had to be a hearing and findings of reasons, a result based on statutory interpretation but apparently constitutionalized in Gault.1317 Subsequently, the Court held that the essentials of due process and fair treatment required that a juvenile could be adjudged delinquent only on evidence beyond a reasonable doubt when the offense charged would be a crime if committed by an adult,1318 but still later the Court held that jury trials were not constitutionally required in juvenile trials.1319, On a few occasions the Court has considered whether rights accorded to adults during investigation of crime are to be accorded juveniles. . 812 Board of Regents v. Roth, 408 U.S. 564, 56971 (1972). [T]he presence of property in a State may bear on the existence of jurisdiction by providing contacts among the forum State, the defendant, and the litigation. 1253 Moore v. Dempsey, 261 U.S. 86, 90, 91 (1923); Mooney v. Holohan, 294 U.S. 103, 113 (1935); New York ex rel. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 151256, slip op. . 0822, slip op. Probation and Parole.Sometimes convicted defendants are not sentenced to jail, but instead are placed on probation subject to incarceration upon violation of the conditions that are imposed; others who are jailed may subsequently qualify for release on parole before completing their sentence, and are subject to reincarceration upon violation of imposed conditions. Justification for this abandonment of constitutional guarantees was offered by describing juvenile courts as civil not criminal and as not dispensing criminal punishment, and offering the theory that the state was acting as parens patriae for the juvenile offender and was in no sense his adversary.1313, Disillusionment with the results of juvenile reforms coupled with judicial emphasis on constitutional protection of the accused led in the 1960s to a substantial restriction of these elements of juvenile jurisprudence. 1044 Gange Lumber Co. v. Rowley, 326 U.S. 295 (1945). 1263 Ruffin v. Commonwealth, 62 Va. 790, 796 (1871). A lengthy canvass of factual materials established to the Courts satisfaction that, although the greater part of marijuana consumed in the United States is of foreign origin, there was still a good amount produced domestically and there was no way to assure that the majority of those possessing marijuana have any reason to know whether their marijuana is imported.1199 The Court left open the question whether a presumption that survived the rational connection test must also satisfy the criminal reasonable doubt standard if proof of the crime charged or an essential element thereof depends upon its use.1200. Similarly, in Rippo v. Baker, the Supreme Court vacated the Nevada Supreme Courts denial of a convicted petitioners application for post-conviction relief based on the trial judges failure to recuse himself. The fundamental fairness doctrine is an alternative to the doctrine of incorporation. The party opposing the defendant in the case was not the state, but rather the unrepresented custodial parent, nor was the case unusually complex. However, an instruction on the presumption of innocence need not be given in every case. . at 375, 376. In Patterson, by contrast, the statute obligated the state to prove each element of the offense (the death, the intent to kill, and the causation) beyond a reasonable doubt, while allowing the defendant to prove an affirmative defense by preponderance of the evidence that would reduce the degree of the offense.1188 This distinction has been criticized as formalistic, as the legislature can shift burdens of persuasion between prosecution and defense easily through the statutory definitions of the offenses.1189, Despite the requirement that states prove each element of a criminal offense, criminal trials generally proceed with a presumption that the defendant is sane, and a defendant may be limited in the evidence that he may present to challenge this presumption. See,e.g.,In re Winship, 397 U.S. 358, 377 (1970) (dissenting). at 9. 111. Prisoners may resort to state tort law in such circumstances, but neither the Constitution nor 1983 provides a federal remedy. Id. It is of no constitutional consequenceand of limited practical meaning that the institution to which he is committed is called an Industrial School. 430 U.S. at 35761. Co. v. Spratley, 172 U.S. 602 (1899). 896 Cafeteria & Restaurant Workers v. McElroy, 367 U.S. 886 (1961). The vagueness may be from uncertainty in regard to persons within the scope of the act . This notion importantly includes the public, as well as the defendant, in the articulation of constitutional values relevant to the fair operation of criminal justice. The decision, however, called into question the practice in many states under which some burdens of persuasion1184 were borne by the defense, and raised the prospect that the prosecution must bear all burdens of persuasiona significant and weighty task given the large numbers of affirmative defenses. L. REV. at 17. at 7. Prisoners must have reasonable access to a law library or to persons trained in the law. fairness doctrine, U.S. communications policy (1949-87) formulated by the Federal Communications Commission (FCC) that required licensed radio and television broadcasters to present fair and balanced coverage of controversial issues of interest to their communities, including by granting equal airtime to opposing candidates for public office. 18 U. S. C. 1464 bans the broadcast of any obscene, indecent, or profane language, but the FCC had a long-standing policy that it would not consider eeting instances of indecency to be actionable, and had confirmed such a policy by issuance of an industry guidance. 807 Perry v. Sindermann, 408 U.S. 593, 597 (1972). 867 Fuentes was an extension of the Sniadach principle to all significant property interests and thus mandated pre-deprivation hearings. 950 Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). 426 U.S. at 345 (1976). 756 Goldberg v. Kelly, 397 U.S. 254, 26768 (1970). 966 Boswells Lessee v. Otis, 50 U.S. (9 How.) 1225 United States v. Jackson, 390 U.S. 570 (1968). 1278 For instance, limiting who may visit prisoners is ameliorated by the ability of prisoners to communicate through other visitors, by letter, or by phone. Due process may also require an opportunity for confrontation and cross-examination, and for discovery; that a decision be made based on the record, and that a party be allowed to be represented by counsel. Or, to phrase it differently, a Brady violation is established by showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. The contract was delivered in California, the premiums were mailed there and the insured was a resident of that State when he died. Co. v. State Bd. 739 See Medina v. California 505 U.S. 437, 443 (1992). The Court, however, summarily rejected the argument that Mullaney means that the prosecution must negate an insanity defense,1185 and, later, in Patterson v. New York,1186 upheld a state statute that required a defendant asserting extreme emotional disturbance as an affirmative defense to murder1187 to prove such by a preponderance of the evidence. The Court noted that due process restrictions do more than guarantee immunity from inconvenient or distant litigation, in that [these restrictions] are consequences of territorial limitations on the power of the respective States. 1228 Bordenkircher v. Hayes, 434 U.S. 357 (1978). If all known claimants were personally served and all claimants who were unknown or nonresident were given constructive notice by publication, judgments in these proceedings were held binding on all.998 But, in Mullane v. Central Hanover Bank & Trust Co.,999 the Court, while declining to characterize the proceeding as in rem or in personam, held that a bank managing a common trust fund in favor of nonresident as well as resident beneficiaries could not obtain a judicial settlement of accounts if the only notice was publication in a local paper. Kentucky, 436 U.S. 1 ( 1985 ), 325 U.S. 91, 10103 ( 1945.... Required confrontation and cross-examination trained in the law defendants were the automobile retailer and its wholesaler, both New corporations! The insured was a resident of that state when he died v. Young, 470 U.S. 1 ( )! V. Pennsylvania, 368 U.S. 71 ( 1961 ), 377 ( 1970 ) ( 2 ) ( B (! 478 ( 1978 ) ( B ) ( 2012 ) California 505 U.S. 437, 443 1992... V. Pennsylvania, 368 U.S. 71 ( 1992 ) 321 U.S. 233, 24647 1944... Confrontation and cross-examination dissenting ) of Regents v. Roth, 408 U.S. 593, 597 ( 1972 ) confrontation cross-examination... 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