fundamental fairness doctrine

Id. Logan v. Zimmerman Brush Co., 445 U.S. 422, 43233 (1982). See Shaffer v. Heitner, 433 U.S. 186, 215 (1977); Kulko v. Superior Court, 436 U.S. 84, 98 (1978); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 29495 (1980). The standard for competency to stand trial is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understandingand whether he has a rational as well as factual understanding of the proceedings against him. Dusky v. United States, 362 U.S. 402 (1960) (per curiam), cited with approval in Indiana v. Edwards, 128 S. Ct. 2379, 2383 (2008). For instance, persons adversely affected by a law cannot challenge its validity on the ground that the legislative body that enacted it gave no notice of proposed legislation, held no hearings at which the person could have presented his arguments, and gave no consideration to particular points of view. Nor could the company found its claim of denial of due process upon the fact that it lost this opportunity for a hearing by inadvertently pursuing the wrong procedure in the state courts.857 On the other hand, where a state appellate court reversed a trial court and entered a final judgment for the defendant, a plaintiff who had never had an opportunity to introduce evidence in rebuttal to certain testimony which the trial court deemed immaterial but which the appellate court considered material was held to have been deprived of his rights without due process of law.858, What Process Is Due.The requirements of due process, as has been noted, depend upon the nature of the interest at stake, while the form of due process required is determined by the weight of that interest balanced against the opposing interests.859 The currently prevailing standard is that formulated in Mathews v. Eldridge,860 which concerned termination of Social Security benefits. Rivera v. Minnich, 483 U.S. 574 (1987). Cf. Determination of these elements is made by examining the totality of the circumstances of a case.1133 The Court has not recognized any per se rule for excluding an eyewitness identification on due process grounds.1134 Defendants have had difficulty meeting the Courts standards: Only one challenge has been successful.1135, Fair Trial.As noted, the provisions of the Bill of Rights now applicable to the states contain basic guarantees of a fair trial right to counsel, right to speedy and public trial, right to be free from use of unlawfully seized evidence and unlawfully obtained confessions, and the like. See Dusenbery v. United States, 534 U.S. 161 (2001) (upholding a notice of forfeiture that was delivered by certified mail to the mailroom of a prison where the individual to be served was incarcerated, even though the individual himself did not sign for the letter). Only corporations, whose continuous and systematic affiliations with a forum make them essentially at home there, are broadly amenable to suit.928 While the paradigmatic examples of where a corporate defendant is at home are the corporations place of incorporation and principal place of business,929 the Court has recognized that in exceptional cases general jurisdiction can be exercised by a court located where the corporate defendants operations are so substantial as to render the corporation at home in that state.930 Nonetheless, insubstantial instate business, in and of itself, does not suffice to permit an assertion of jurisdiction over claims that are unrelated to any activity occurring in a state.931 Without the protection of such a rule, foreign corporations would be exposed to the manifest hardship and inconvenience of defending, in any state in which they happened to be carrying on business, suits for torts wherever committed and claims on contracts wherever made.932 And if the corporation stopped doing business in the forum state before suit against it was commenced, it might well escape jurisdiction altogether.933 In early cases, the issue of the degree of activity and, in particular, the degree of solicitation that was necessary to constitute doing business by a foreign corporation, was much disputed and led to very particularistic holdings.934 In the absence of enough activity to constitute doing business, the mere presence of an agent, officer, or stockholder, who could be served, within a states territorial limits was not sufficient to enable the state to exercise jurisdiction over the foreign corporation.935. Cf. Co. v. LaVoie, 475 U.S. 813 (1986) (failure of state supreme court judge with pecuniary interesta pending suit on an indistinguishable claimto recuse). A more fundamental shift in the concept of property occurred with recognition of societys growing economic reliance on government benefits, employment, and contracts,801 and with the decline of the right-privilege principle. 767 Withrow v. Larkin, 421 U.S. 35 (1975). 924(e)(2)(B) (2012). The reason for applying the same test as is applied in in personam cases, the Court said, is simple and straightforward. at 50913 (striking down a requirement that new or transferred prisoners at the reception area of a correctional facility be assigned a cellmate of the same race for up to 60 days before they are given a regular housing assignment). The principal difference with the Mathews v. Eldridge test was that here the Court acknowledged two conicting private interests to weigh in the equation: that of the employer in controlling the makeup of its workforce and that of the employee in not being discharged for whistleblowing. denied, 457 U.S. 1106 (1982). This was the Agurs fact situation. The power of the executive to pardon, or grant clemency, being a matter of grace, is rarely subject to judicial review.1311, The Problem of the Juvenile Offender.All fifty states and the District of Columbia provide for dealing with juvenile offenders outside the criminal system for adult offenders.1312 Their juvenile justice systems apply both to offenses that would be criminal if committed by an adult and to delinquent behavior not recognizable under laws dealing with adults, such as habitual truancy, deportment endangering the morals or health of the juvenile or others, or disobedience making the juvenile uncontrollable by his parents. 1123 For a thorough evaluation of the basis for and the nature of the entrapment defense, see Seidman, The Supreme Court, Entrapment, and Our Criminal Justice Dilemma, 1981 SUP. Id. For several years government agents had sent the defendant mailings soliciting his views on pornography and child pornography, and urging him to obtain materials in order to fight censorship and stand up for individual rights. An estimate of the inconveniences which would result to the corporation from a trial away from its home or principal place of business is relevant in this connection.938 As to the scope of application to be accorded this fair play and substantial justice doctrine, the Court concluded that so far as . Co. v. Selden Breck Constr. 928 Daimler AG v. Bauman, 571 U.S. ___, No. . 1336 442 U.S. at 61720. v. Schmidt, 177 U.S. 230, 236 (1900). 769 556 U.S. ___, No. . Justice Marshall, joined by Justices Brennan, Blackmun, and Stevens, would hold that the ascertainment of a prisoners sanity calls for no less stringent standards than those demanded in any other aspect of a capital proceeding. 477 U.S. at 411 12. 4. they cannot be changed by the gov. 788 The exclusiveness of the record is fundamental in administrative law. However, if one would suffer too severe an injury between the doing and the undoing, he may avoid the alternative means. The first principle, that a State may assert jurisdiction over anyone or anything physically within its borders, no matter how briey therethe so-called transient rule of jurisdiction McDonald v. Mabee, 243 U.S. 90, 91 (1917), remains valid, although in Shaffer v. Heitner, 433 U.S. 186, 204 (1977), the Courts dicta appeared to assume it is not. When it was an active policy, it had two basic elements to it. Continuous operations were sometimes sufficiently substantial and of a nature to warrant assertions of jurisdiction. In dissent, Justice Black observed that of course we have not reached the point where state boundaries are without significance and I do not mean to suggest such a view here. 357 U.S. at 260. 1019 Grant Timber & Mfg. First, the statute gave the inmate a liberty interest, because it presumed that he would not be moved absent a finding that he was suffering from a mental disease or defect. 831 Vitek v. Jones, 445 U.S. 480, 491 (1980). The hardest working, most diligent, smartest, and most . Attachment is considered a form of in rem proceeding sometimes called quasi in rem, and under Pennoyer v. Neff976 an attachment could be implemented by obtaining a writ against the local property of the defendant and giving notice by publication.977 The judgement was then satisfied from the property attached, and if the attached property was insufficient to satisfy the claim, the plaintiff could go no further.978, This form of proceeding raised many questions. 1166 427 U.S. at 10406. Even if the defendant would suffer minimal or no inconvenience from being forced to litigate before the tribunals of another State; even if the forum State has a strong interest in applying its law to the controversy; even if the forum State is the most convenient location for litigation, the Due Process Clause, acting as an instrument of interstate federalism, may sometimes act to divest the State of its power to render a valid judgment. 444 U.S. at 294 (internal quotation from International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945)). See also Little v. Streater, 452 U.S. 1 (1981) (state-mandated paternity suit); Lassiter v. Department of Social Services, 452 U.S. 18 (1981) (parental status termination proceeding); Santosky v. Kramer, 455 U.S. 745 (1982) (permanent termination of parental custody). See Londoner v. City of Denver, 210 U.S. 373 (1908). The Courts opinion today rests entirely on the assumption that all juvenile proceedings are criminal prosecutions, hence subject to constitutional limitation. 1111 See United States v. Batchelder, 442 U.S. 114, 123 (1979). . First, [p]rocedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property.752 Thus, the required elements of due process are those that minimize substantively unfair or mistaken deprivations by enabling persons to contest the basis upon which a state proposes to deprive them of protected interests.753 The core of these requirements is notice and a hearing before an impartial tribunal. 1144 For instance, the presumption of innocence has been central to a number of Supreme Court cases. 1234 Due process does not impose any limitation upon the sentence that a legislature may affix to any offense; that function is in the Eighth Amendment. states are also free to adopt innovations respecting selection and number of jurors. 908 Rees v. City of Watertown, 86 U.S. (19 Wall.) 165294, slip op. Vague laws may trap the innocent by not providing fair warnings. 1978), cert. Whitman v. Wilson, 318 U.S. 688 (1943); Ex parte Hawk, 321 U.S. 114 (1914). 1057 Cleveland Bd. Doctrinal differences on the due process touchstones in streamofcommerce cases became more critical to the outcome in J. McIntyre Machinery, Ltd. v. Nicastro.957 Justice Kennedy, writing for a four-Justice plurality, asserted that it is a defendants purposeful availment of the forum state that makes jurisdiction consistent with traditional notions of fair play and substantial justice. , to require the corporation to defend the particular suit which is brought there; [and] . . 998 Hamilton v. Brown, 161 U.S. 256 (1896); Security Savings Bank v. California, 263 U.S. 282 (1923). United States v. Young, 470 U.S. 1 (1985). Thus, [t]he function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of factfinding, is to instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.1048, Applying the formula it has worked out for determining what process is due in a particular situation,1049 the Court has held that a standard at least as stringent as clear and convincing evidence is required in a civil proceeding to commit an individual involuntarily to a state mental hospital for an indefinite period.1050 Similarly, because the interest of parents in retaining custody of their children is fundamental, the state may not terminate parental rights through reliance on a standard of preponderance of the evidencethe proof necessary to award money damages in an ordinary civil action but must prove that the parents are unfit by clear and convincing evidence.1051 Further, unfitness of a parent may not simply be presumed because of some purported assumption about general characteristics, but must be established.1052, As long as a presumption is not unreasonable and is not conclusive, it does not violate the Due Process Clause. 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