Due Process Flashcards
What is due process?
Legal procedures you are entitled to when government deprives you of rights (e.g. when arrested)
What is in the due process clause (SG Constitution)? (4)
1) No person shall be deprived of life/personal liberty, except in accordance with law
2) Habeas Corpus
3) Counsel
4) Hearing
What is Habeaus Corpus?
When a complaint is made to the high court that a person is being unlawfully detained, the court has to inquire into the complaint.
Unless they are satisfied that detention is lawful, the court has to release him.
What is Counsel? (2)
Counsel = lawyer
When a person is arrested, he shall be
1) informed ASAP about why he is arrested
2) allowed to consult & be defended by a legal practitioner of his choice
What is Hearing?
When a person is arrested & not released, he shall be produced before a Magistrate (judge), and
1) be released within 48 hours without unreasonable delay
2) shall not be further detained in custody, without Magistrate’s authority
What does the due process clause guarantee the person who is arrested?
1) informed of reasons of arrest
2) allowed counsel (lawyer) within reasonable time
3) appear before a magistrate within 48 hours
4) entitled to judicial review of detention when complaint is made (Habeas Corpus)
When can the Internal Security Act be ordered?
President has to be satisfied that it is necessary to prevent a person from acting prejudicial in any manner to SG security/maintenance of public order/essential services.
How can the Internal Security Act be ordered? (2)
Minister/Ministry of Home Affairs has to make an order that
1) Directs the person to be detained for any period not more than 2 years, OR
2) places other restrictions on his activities
What are the 4 characteristics of the Internal Security Act?
detention
1) without trial
2) in 2-year periods
3) annual reviews with advisory board
4) renewed indefinitely
What is USA’s due process like?
The constitution forbids detention without trial. Trial must be held within a year, and before the trial, prosecutor must charge within 72 hours
