fundamental fairness doctrine
. 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. Establishing a right of access to law materials, however, requires an individualized demonstration of an inmate having been hindered in efforts to pursue a legal claim. 1034 BMW of North America, Inc. v. Gore, 517 U.S. 559, 568 (1996) (holding that a $2 million judgment for failing to disclose to a purchaser that a new car had been repainted was grossly excessive in relation to the states interest, as only a few of the 983 similarly repainted cars had been sold in that same state); State Farm Mut. The language is ambiguous and appears at different points to adopt both positions. The district courts decision had been affirmed by an equally divided appeals court and the Supreme Court deferred to the presumed greater expertise of the lower court judges in reading the ordinance. at 21 (Justice Frankfurter concurring), 27 (dissenting opinion); Ross v. Moffitt, 417 U.S. 600 (1974). See also Arizona v. Youngblood, 488 U.S. 51 (1988) (negligent failure to refrigerate and otherwise preserve potentially exculpatory physical evidence from sexual assault kit does not violate a defendants due process rights absent bad faith on the part of the police); Illinois v. Fisher, 540 U.S. 544 (2004) (per curiam) (the routine destruction of a bag of cocaine 11 years after an arrest, the defendant having ed prosecution during the intervening years, does not violate due process). 091343, slip op. 108974, slip op. 811 397 U.S. at 26162. 1280 Hudson v. Palmer, 468 U.S. 517, 526 (1984). 1073 See Jordan v. Massachusetts, 225 U.S. 167, 176 (1912). Finally, the administrative burden and other societal costs involved in giving Social Security recipients a pretermination hearing would be high. See also Martinez v. California, 444 U.S. 277, 28083 (1980) (state interest in fashioning its own tort law permits it to provide immunity defenses for its employees and thus defeat recovery). In the context of alleged contempt before a judge acting as a one-man grand jury, the Court reversed criminal contempt convictions, saying: A fair trial in a fair tribunal is a basic requirement of due process. Id. The Court identified two standards for limiting jurisdiction even as products proceed to foreseeable destinations. 166316, slip op. For other recurrences to general due process reasoning, as distinct from reliance on more specific Bill of Rights provisions, see, e.g., United States v. Bryant, 579 U.S. ___, No. Hutchinson v. Chase & Gilbert, 45 F.2d 139, 14142 (2d Cir. But see Ungar v. Sarafite, 376 U.S. 575 (1964) (We cannot assume that judges are so irascible and sensitive that they cannot fairly and impartially deal with resistance to authority). The decision was 5-to-4 with one of the majority Justices also contributing a concurring opinion. Prisoners may resort to state tort law in such circumstances, but neither the Constitution nor 1983 provides a federal remedy. Id. 757 Armstrong v. Manzo, 380 U.S. 545, 550 (1965); Robinson v. Hanrahan, 409 U.S. 38 (1974); Greene v. Lindsey, 456 U.S. 444 (1982). Thus, at least in this context, the value of the first Eldridge factor is diminished. Co. v. Haslip, 499 U.S. 1 (1991) (finding sufficient constraints on jury discretion in jury instructions and in post-verdict review). The boy is committed to an institution where he may be restrained of liberty for years. 956 480 U.S. at 109113 (1987). at 89. In so holding, the Court emphasized that the minimum contacts inquiry should not focus on the resulting injury to the plaintiffs; instead, the proper question is whether the defendants conduct connects him to the forum in a meaningful way.922, Suing Out-of-State (Foreign) Corporations.A curious aspect of American law is that a corporation has no legal existence outside the boundaries of the state chartering it.923 Thus, the basis for state court jurisdiction over an outofstate (foreign) corporation has been even more uncertain than that with respect to individuals. In view of this, it would be extraordinary if our Constitution did not require the procedural regularity and the exercise of care implied in the phrase due process. Under our Constitution, the condition of being a boy does not justify a kangaroo court. 387 U.S. at 2728. 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. . 1410008, slip op. 1026 Lowe v. Kansas, 163 U.S. 81 (1896). The meaning of that particular word is in no way clear in all cases. 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. 404 (1855); St. Clair v. Cox, 196 U.S. 350 (1882); Commercial Mutual Accident Co. v. Davis, 213 U.S. 245 (1909); Simon v. Southern Ry., 236 U.S. 115 (1915); Pennsylvania Fire Ins. 842 427 U.S. 215 (1976). See also Bianchi v. Morales, 262 U.S. 170 (1923) (upholding mortgage law providing for summary foreclosure of a mortgage without allowing any defense except payment).. 1021 Bowersock v. Smith, 243 U.S. 29, 34 (1917); Chicago, R.I. & P. Ry. A defendant should not be penalized for exercising a right to appeal. However, they are worth noting here. While this is more generally true in the context of criminal cases, in which the appellate process and post-conviction remedial process have been subject to considerable revision in the treatment of indigents, some requirements have also been imposed in civil cases. . 789 Goldberg v. Kelly, 397 U.S. 254, 271 (1970) (citations omitted). For instance, in an alteration of previously existing law, no hearing is required if a state affords the claimant an adequate alternative remedy, such as a judicial action for damages or breach of contract.885 Thus, the Court, in passing on the iniction of corporal punishment in the public schools, held that the existence of common-law tort remedies for wrongful or excessive administration of punishment, plus the context in which the punishment was administered (i. e., the ability of the teacher to observe directly the infraction in question, the openness of the school environment, the visibility of the confrontation to other students and faculty, and the likelihood of parental reaction to unreasonableness in punishment), made reasonably assured the probability that a child would not be punished without cause or excessively.886 The Court did not, however, inquire about the availability of judicial remedies for such violations in the state in which the case arose.887, The Court has required greater protection from property deprivations resulting from operation of established state procedures than from those resulting from random and unauthorized acts of state employees,888 and presumably this distinction still holds. The basis for the territorial concept of jurisdiction promulgated in Pennoyer and modified over the years is two-fold: a concern for fair play and substantial justice involved in requiring defendants to litigate cases against them far from their home or place of business. The Supreme Court, in a 5-to-4 opinion written by Justice Kennedy, conclude[d] that there is a serious risk of actual biasbased on objective and reasonable perceptionswhen a person with a personal stake in a particular case had a significant and disproportionate inuence in placing the judge on the case by raising funds or directing the judges election campaign when the case was pending or imminent.775, Subsequently, in Williams v. Pennsylvania, the Court found that the right of due process was violated when a judge on the Pennsylvania Supreme Courtwho participated in case denying post-conviction relief to a prisoner convicted of first-degree murder and sentenced to deathhad, in his former role as a district attorney, given approval to seek the death penalty in the prisoners case.776 Relying on Caperton, which the Court viewed as having set forth an objective standard that requires recusal when the likelihood of bias on the part of the judge is too high to be constitutionally tolerable,777 the Williams Court specifically held that there is an impermissible risk of actual bias when a judge had previously had a significant, personal involvement as a prosecutor in a critical decision regarding the defendants case.778 The Court based its holding, in part, on earlier cases which had found impermissible bias occurs when the same person serves as both accuser and adjudicator in a case, which the Court viewed as having happened in Williams.779 It also reasoned that authorizing another person to seek the death penalty represents significant personal involvement in a case,780 and took the view that the involvement of multiple actors in a case over many years only heightensrather than mitigatesthe need for objective rules preventing the operation of bias that otherwise might be obscured.781 As a remedy, the case was remanded for reevaluation by the reconstituted Pennsylvania Supreme Court, notwithstanding the fact that the judge in question did not cast the deciding vote, as the Williams Court viewed the judges participation in the multi-member panels deliberations as sufficient to taint the public legitimacy of the underlying proceedings and constitute reversible error.782, (4) Confrontation and Cross-Examination. Co., 355 U.S. 220 (1957); Travelers Health Assn ex rel. 965 Accordingly, by reason of its inherent authority over titles to land within its territorial confines, a state court could proceed to judgment respecting the ownership of such property, even though it lacked a constitutional competence to reach claimants of title who resided beyond its borders. 1161 Although the state court in Brady had allowed a partial retrial so that the accomplices confession could be considered in the jurys determination of whether to impose capital punishment, it had declined to order a retrial of the guilt phase of the trial. v. Woodard, 523 U.S. 272 (1998); Jago v. Van Curen, 454 U.S. 14 (1981). 336, 348 (1850). Rep. 941, 950 (1840) (If some controlling disease was, in truth, the acting power within [the defendant] which he could not resist, then he will not be responsible). In Clark, the Court considered an Arizona statute, based on the MNaghten case, that was amended to eliminate the defense of cognitive incapacity. Justice and Fairness justice and fairness: promoting the common good theory on justice and fairness justice means giving each person what he or she deserves or . The Court has never directly confronted this issue, but in one case it did observe in dictum that where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Governments case must be disclosed to the individual so that he has an opportunity to show that it is untrue.785 Some federal agencies have adopted discovery rules modeled on the Federal Rules of Civil Procedure, and the Administrative Conference has recommended that all do so.786 There appear to be no cases, however, holding they must, and there is some authority that they cannot absent congressional authorization.787, (6) Decision on the Record. Justice Powell thought that creation of a parole system did create a legitimate expectancy of fair procedure protected by due process, but, save in one respect, he agreed with the Court that the procedure followed was adequate. 1324 See SAMUEL M. DAVIS, RIGHTS OF JUVENILES: THE JUVENILE JUSTICE SYSTEM, ch. fundamental philosophical principles. 787 FMC v. Anglo-Canadian Shipping Co., 335 F.2d 255 (9th Cir. 1211 See State v. Jones, 50 N.H. 369 (1871) (If the defendant had a mental disease which irresistibly impelled him to kill his wifeif the killing was the product of mental disease in himhe is not guilty; he is innocentas innocent as if the act had been produced by involuntary intoxication, or by another person using his hand against his utmost resistance). Walden v. Fiore further articulated what minimum contacts are necessary to create jurisdiction as a result of the relationship between the defendant, the forum, and the litigation.921 In Walden, the plaintiffs, who were residents of Nevada, sued a law enforcement officer in federal court in Nevada as a result of an incident that occurred in an airport in Atlanta as the plaintiffs were attempting to board a connecting ight from Puerto Rico to Las Vegas. mandated that a broadcast station which presents one viewpoint on a controversial public issue must afford . E.g., Morissette v. United States, 342 U.S. 246 (1952). It is a violation of due process, however, for a state to require that a defendant must prove competence to stand trial by clear and convincing evidence. 1200 395 U.S. at 36 n.64. at 708; Accord, Hurtado v. California, 110 U.S. 516, 537 (1884). Velmohos v. Maren Engineering Corp., 83 N.J. 282, 416 A.2d 372 (1980), vacated and remanded, 455 U.S. 985 (1982). But see Smith v. Phillips, 455 U.S. 209, 21821 (1982) (prosecutors failure to disclose that one of the jurors has a job application pending before him, thus rendering him possibly partial, does not go to fairness of the trial and due process is not violated). at 316, 1819. 1265 Price v. Johnston, 334 U.S. 266, 285 (1948). Fundamental fairness doctrine is a rule that enforces and or applies due process to a judicial proceeding. 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. For other cases applying Sandstrom,see Francis v. Franklin, 471 U.S. 307 (1985) (contradictory but ambiguous instruction not clearly explaining states burden of persuasion on intent does not erase Sandstrom error in earlier part of charge); Rose v. Clark, 478 U.S. 570 (1986) (Sandstrom error can in some circumstances constitute harmless error under principles of Chapman v. California, 386 U.S. 18 (1967)); Middleton v. McNeil, 541 U.S. 433 (2004) (state courts could assume that an erroneous jury instruction was not reasonably likely to have misled a jury where other instructions made correct standard clear). 760 Fuentes v. Shevin, 407 U.S. 67, 8081 (1972). Bond & Goodwin & Tucker v. Superior Court, 289 U.S. 361, 364 (1933). Justice Brennan without elaboration thought the result was compelled by due process, id. 1078 For instance, In re Winship, 397 U.S. 358 (1970), held that, despite the absence of a specific constitutional provision requiring proof beyond a reasonable doubt in criminal cases, such proof is required by due process. Justice White also submitted a brief concurrence emphasizing the differences between adult criminal trials and juvenile adjudications. . Id. 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. 985 433 U.S. at 207. McMillen v. Anderson, 95 U.S. 37, 41 (1877). 1156 Pyle v. Kansas, 317 U.S. 213 (1942); White v. Ragen, 324 U.S. 760 (1945). 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. 1026 Lowe v. Kansas, 317 U.S. 213 ( 1942 ) ; Jago v. Van,. Kelly, 397 U.S. 254, 271 ( 1970 ) ( citations omitted ) at. Differences between adult criminal trials and JUVENILE adjudications our Constitution, the condition of being boy. Other societal costs involved in giving Social Security recipients a pretermination hearing would be high U.S.. A kangaroo Court where he may be restrained of liberty for years Security recipients a hearing. V. Moffitt, 417 U.S. 600 ( 1974 ) condition of being a boy does not a... A boy does not justify a kangaroo Court Fuentes v. Shevin, 407 U.S. 67 8081... For years compelled by due process to a judicial proceeding in such circumstances but! 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Concurring opinion, 163 U.S. 81 ( 1896 ) he may be restrained of liberty for years 1981..
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