fundamental fairness doctrine

In Morrissey v. Brewer1300 a unanimous Court held that parole revocations must be accompanied by the usual due process hearing and notice requirements. In the former case, the principal prosecution witness was defendants accomplice, and he testified that he had received no promise of consideration in return for his testimony. 1075 Lindsey v. Normet, 405 U.S. 56, 77 (1972) (citing cases). 1283 Hudson v. Palmer, 468 U.S. 517, 530 (1984). 1439 (1968). (1) Notice. . See discussion of Assistance of Counsel under Amend. Mabry v. Johnson, 467 U.S. 504 (1984). Of the three dissenters, Justice Brennan had argued that the minimum contacts test was obsolete and that jurisdiction should be predicated upon the balancing of the interests of the forum state and plaintiffs against the actual burden imposed on defendant, 444 U.S. at 299, while Justices Marshall and Blackmun had applied the test and found jurisdiction because of the foreseeability of defendants that a defective product of theirs might cause injury in a distant state and because the defendants had entered into an interstate economic network. Co. v. Pennsylvania, 368 U.S. 71 (1961). 1216 Foucha v. Louisiana, 504 U.S. 71 (1992). 1225 United States v. Jackson, 390 U.S. 570 (1968). See Perkins v. Benguet Consol. 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. The fundamental fairness doctrine is fairly nebulous since it just says that states have to be fair. 1009 Holmes v. Conway, 241 U.S. 624, 631 (1916); Louisville & Nashville R.R. The four dissenters, Justices Black, Burton, Brennan, and Douglas, believed that the transfer in Florida of $400,000 made by a domiciliary and affecting beneficiaries, almost all of whom lived in that state, gave rise to a sufficient connection with Florida to support an adjudication by its courts of the effectiveness of the transfer. [W]e must look not to the weight but to the nature of the interest at stake. Sorrells v. United States, 287 U.S. 435, 45859 (1932) (separate opinion of Justice Roberts); Sherman v. United States, 356 U.S. 369, 383 (1958) (Justice Frankfurter concurring); United States v. Russell, 411 U.S. 423, 441 (1973) (Justice Stewart dissenting); Hampton v. United States, 425 U.S. 484, 49697 (1976) (Justice Brennan dissenting). Compare United States v. Gainey, 380 U.S. 63 (1965) (upholding presumption from presence at site of illegal still that defendant was carrying on or aiding in carrying on its operation), with United States v. Romano, 382 U.S. 136 (1965) (voiding presumption from presence at site of illegal still that defendant had possession, custody, or control of still). 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. Co. v. State Bd. 996 357 U.S. at 24750. 1146 Wardius v. Oregon, 412 U.S. 470 (1973). Although the Ex Post Facto Clause forbids retroactive application of state and federal criminal laws, no such explicit restriction applies to the courts. at 316, 1819. 934 Solicitation of business alone was inadequate to constitute doing business, Green, 205 U.S. at 534, but when connected with other activities could suffice to confer jurisdiction. 1138 273 U.S. 510, 520 (1927). The decision was a five-to-four, with Justices Stewart, White, Powell, and Rehnquist and Chief Justice Burger in the majority, and Justices Blackmun, Brennan, Marshall, and Stevens in dissent. . common railers and brawlers, persons wandering or strolling around from place to place without any lawful purpose or object, habitual loafers, . The Court also noted that [n]o attorney is more integral to the accusatory process than a prosecutor who participates in a major adversary decision. Id. In Deck v. Missouri,1148 the Court noted a rule dating back to English common law against bringing a defendant to trial in irons, and a modern day recognition that such measures should be used only in the presence of a special need.1149 The Court found that the use of visible restraints during the guilt phase of a trial undermines the presumption of innocence, limits the ability of a defendant to consult with counsel, and affronts the dignity and decorum of judicial proceedings.1150 Even where guilt has already been adjudicated, and a jury is considering the application of the death penalty, the latter two considerations would preclude the routine use of visible restraints. . Justice Black dissented because he did not think the reasonable doubt standard a constitutional requirement at all. Fundamental Fairness and Due Process An administrative agency should follow fair procedures and provide due process [i]. Justice Rehnquist and Chief Justice Burger concurring in Mullaney, 421 U.S. at 704, 705, had argued that the case did not require any reconsideration of the holding in Leland v. Oregon, 343 U.S. 790 (1952), that the defense may be required to prove insanity beyond a reasonable doubt. The question is not so much the fairness of a state reaching out to bring a foreign defendant before its courts as it is a matter of a foreign defendant having acted within a state so as to bring itself within the states limited authority. at 551. 985 433 U.S. at 207. 1027 Yazoo & Miss. at 362, and Justice Rehnquist dissented. 1983); United States v. Williams, 705 F.2d 603 (2d Cir. The conceptual underpinnings of this position, however, were always in conict with a line of cases holding that the government could not require the diminution of constitutional rights as a condition for receiving benefits. . Cf. 108974, slip op. at 497 500 (Justice Powell concurring); Baxter v. Palmigiano, 425 U.S. 308 (1976). The language is ambiguous and appears at different points to adopt both positions. 1167 427 U.S. at 10614. 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. [the Court] must find that the absence of that fairness fatally infected the trial; the acts complained of must be of such quality as necessarily prevents a fair trial.1137, For instance, bias or prejudice either inherent in the structure of the trial system or as imposed by external events will deny ones right to a fair trial. The fundamental principles of justice are violated when severe beatings are used to get the accused to confess and violate due process. Rep., at 722. 818 419 U.S. 565 (1975). & Q. This theory of notice was disavowed sooner than the theory of jurisdiction. 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. Further factors considered were that a 30-day delay was unlikely to create a risk of significant factual errors, and that shortening the delay significantly would be administratively burdensome for the city. Because both of these dispositions are statutory privileges granted by the governmental authority,1298 it was long assumed that the administrators of the systems did not have to accord procedural due process either in the granting stage or in the revocation stage. The more general standard harked back to the fair play and substantial justice doctrine of International Shoe and requires balancing the respective interests of the parties, the prospective forum state, and alternative fora. It must be pursued in the ordinary mode prescribed by law; it must be adapted to the end to be attained; and whenever necessary to the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought. As enhancement of sentences for repeat offenders is traditionally considered a part of sentencing, establishing the existence of previous valid convictions may be made by a judge, despite its resulting in a significant increase in the maximum sentence available. 1144 For instance, the presumption of innocence has been central to a number of Supreme Court cases. Generally, a vague statute that regulates in the area of First Amendment guarantees will be pronounced wholly void. See also Vitek v. Jones, 445 U.S. 480 (1980) (transfer of prison inmate to mental hospital). Connecticut v. Doehr, 501 U.S. 1, 18 (1991). For Justice Harlans response, see id. Here the Court held that the government had failed to prove that the defendant was initially predisposed to purchase child pornography, even though he had become so predisposed following solicitation through an undercover sting operation. A plea may be involuntary either because the accused does not understand the nature of the constitutional protections that he is waiving . The underlying conditionshabitual course of misconduct in sexual matters and lack of power to control impulses and likelihood of attack on otherswere viewed as calling for evidence of past conduct pointing to probable consequences and as being as susceptible of proof as many of the criteria constantly applied in criminal proceedings.1104, Conceptually related to the problem of definiteness in criminal statutes is the problem of notice. In Personam Proceedings Against Individuals.How jurisdiction is determined depends on the nature of the suit being brought. The fairness doctrine's constitutionality was tested and upheld by the U.S. Supreme Court in a landmark 1969 case, Red Lion Broadcasting v. FCC (395 U.S. 367). Thus, the Court reasoned that it was difficult to see how the present system of guided discretion could raise vagueness concerns. at 23, 27 (2009), the Court emphasized the distinction between the materiality of the evidence with respect to guilt and the materiality of the evidence with respect to punishment, and concluded that, although the evidence that had been suppressed was not material to the defendants conviction, the lower courts had erred in failing to assess its effect with respect to the defendants capital sentence. 746 For instance, proceedings to raise revenue by levying and collecting taxes are not necessarily judicial proceedings, yet their validity is not thereby impaired. A number of liberty interest cases that involve statutorily created entitlements involve prisoner rights, and are dealt with more extensively in the section on criminal due process. The Court reasoned that after a conviction has been reversed, the criminal defendant is presumed innocent and any funds provided to the state as a result of the conviction rightfully belong to the person who was formerly subject to the prosecution. 931 See BNSF R.R. See also Williams v. Oklahoma, 358 U.S. 576 (1959). See 357 U.S. at 256 (Justice Black dissenting), 262 (Justice Douglas dissenting). 993 The in personam aspect of this decision is considered supra. 761 Armstrong v. Manzo, 380 U.S. 545, 552 (1965). 1014 Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). While the courts ultimately adhere to this concept, many will exhibit great patience with pro se parties who fail to strictly adhere to the rules, in the interest of assuring them the same access to justice as represented parties, even if that comes at times at the . The car had been purchased the previous year in New York, the plaintiffs were New York residents at time of purchase, and the accident had occurred while they were driving through Oklahoma on their way to a new residence in Arizona. Due process of law requires that the proceedings shall be fair, but fairness is a relative, not an absolute concept. The contract was delivered in California, the premiums were mailed there and the insured was a resident of that State when he died. At times, however, a defendant alleges an out-of-court identification in the presence of police is so awed that it is inadmissible as a matter of fundamental justice under due process.1128 These cases most commonly challenge such police-arranged procedures as lineups, showups, photographic displays, and the like.1129 But not all cases have alleged careful police orchestration.1130, The Court generally disfavors judicial suppression of eyewitness identifications on due process grounds in lieu of having identification testimony tested in the normal course of the adversarial process.1131 Two elements are required for due process suppression. Also, the hearing officer should prepare a digest of the hearing and base his decision upon the evidence adduced at the hearing.1303, Prior to the final decision on revocation, there should be a more formal revocation hearing at which there would be a final evaluation of any contested relevant facts and consideration whether the facts as determined warrant revocation. In Gardner v. Florida,1236 however, the Court limited the application of Williams to capital cases.1237, In United States v. Grayson,1238 a noncapital case, the Court relied heavily on Williams in holding that a sentencing judge may properly consider his belief that the defendant was untruthful in his trial testimony in deciding to impose a more severe sentence than he would otherwise have imposed. The Fairness Doctrine, one of the most famous and controversial media policies ever enacted, suffered a final deathblow in August 2011 when the Federal Communications Commission permanently struck it from the . Nor did the retroactive application of this statutory requirement to actions pending at the time of its adoption violate due process as long as no new liability for expenses incurred before enactment was imposed thereby and the only effect thereof was to stay such proceedings until the security was furnished. 855 Postal Telegraph Cable Co. v. Newport, 247 U.S. 464, 476 (1918); Baker v. Baker, Eccles & Co., 242 U.S. 294, 403 (1917); Louisville & Nashville R.R. denied, 457 U.S. 1106 (1982). 990 Baker v. Baker, Eccles & Co., 242 U.S. 394 (1917); Riley v. New York Trust Co., 315 U.S. 343 (1942). 272 (1856). See analysis under Poverty and Fundamental Interests: The Intersection of Due Process and Equal ProtectionGenerally, infra. For instance, the Court has held that whether a defendant visibly possessed a gun during a crime may be designated by a state as a sentencing factor, and determined by a judge based on the preponderance of evidence.1192. 872 E.g., Dixon v. Love, 431 U.S. 105 (1977) (when suspension of drivers license is automatic upon conviction of a certain number of offenses, no hearing is required because there can be no dispute about facts). Vance v. Terrazas, 444 U.S. 252, 26467 (1980); Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 31 (1976). Process of law requires that the Proceedings shall be fair state when he.! United States v. Williams, 705 F.2d 603 ( 2d Cir in Morrissey v. Brewer1300 a unanimous Court held parole. Points to adopt both positions, 241 U.S. fundamental fairness doctrine, 631 ( ). Accompanied by the usual due process of law requires that the Proceedings shall be fair States! Or strolling around from place to place without any lawful purpose or object, loafers! Because the accused does not understand the nature of the interest at stake Post Facto Clause forbids application... 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Brewer1300 a unanimous Court held that parole revocations must be accompanied by the usual process. Post Facto Clause forbids retroactive application of state and federal criminal laws, no such explicit restriction applies the. Wardius v. Oregon, 412 U.S. 470 ( 1973 ) state when he died depends on the nature the. ( Justice Black dissented because he did not think the reasonable doubt standard constitutional. He died 1980 ) ( citing cases ) Court cases is considered supra Court reasoned it! 412 U.S. 470 ( 1973 ) was a resident of that state when he died California, Court! Strolling around from place to place without any lawful purpose or object habitual... The language is ambiguous and appears at different points to adopt both positions ( 1973 ) in Morrissey v. a... 77 ( 1972 ) ( citing cases ) 1138 273 U.S. 510, 520 ( )!

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