legal word of the day: DUE PROCESS OF LAW

legal word of the day: DUE PROCESS OF LAW

ENG: a fundamental, constitutional guarantee that all legal proceedings will be fair and that a person will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property (PROCEDURAL DUE PROCESS)

also a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious (SUBSTANTIVE DUE PROCESS)

to BE GIVEN (PRIOR) NOTICE – otrzymać (uprzednie) powiadomienie (to be informed about something important in advance)

THE PROCEEDINGS – postępowanie (a legal action)

ARBITRARY – przypadkowy, uznaniowy (based on random choice or personal whim, rather than any reason or system)

POL: sprawiedliwy/ rzetelny proces sądowy (węższe znaczenie oznaczające przestrzeganie prawa procesowego)

zachowanie reguł gwarantujących praworządność (szersze znaczenie, obejmuje zarówno prawo procesowe jak i materialne)

(1) No State shall … 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. (14th Amendment)

JURISDICTION – jurysdykcja (the authority of a court to hear a case connected with a specific geographic area)

(2) Although the words “due process of law” are not found in the Magna Carta, that charter is commonly treated as the historical antecedent of the Due Process Clauses.

a CHARTER – karta (a formal statement of the rights of a country's people, or of an organization or a particular social group)

(3) Williams argues that he was deprived of due process by two instances of jury misconduct: an instance in which a juror visited the county attorney's office during the trial on an unrelated child custody matter, and an allegation by Williams that he saw a victim's husband talking to jurors.

INSTANCES – przypadki (cases)

 MISCONDUCT – zakłócanie porządku postępowania (unlawful behaviour by a person with the administration of justice, by which the rights of the parties and the justice of the case may have been affected)

a COUNTY ATTORNEY – prokurator okręgowy dla hrabstwa (a public official who acts as prosecutor for the state in a particular county)

CHILD CUSTODY – opieka nad dzieckiem (the care, control, and maintenance of a child, which a court may award to one of the parents following a divorce or separation proceeding)

an ALLEGATION – zarzut  (a claim)

(4) The due-process-of-law violation was premised on the fact that he was not given prior notice and an opportunity to defend against the issuance of the writ before its issuance.

PREMISED ON – oparty (based on)

to BE GIVEN (PRIOR) NOTICE – otrzymać (uprzednie) powiadomienie (to be informed about something important in advance)

THE ISSUANCE OF a WRIT – wydanie nakazu sądowego (making a court order)

(5) Recently, a 2-1 majority of the District II Wisconsin Court of Appeals found no due process violation related to the destruction of the blood sample, affirming Weissinger’s conviction.

to AFFIRM THE CONVICTION – utrzymać wyrok skazujący w mocy (to uphold (confirm) a judgement in which the defendant was found guilty and convicted)

Polish sources to check out:

http://goo.gl/wrguDs

http://www.bibliotekacyfrowa.pl/Content/32211/0022.pdf

legal word of the day:TAKE THE FIFTH, PLEAD THE FIFTH

legal word of the day: TAKE THE FIFTH, PLEAD THE FIFTH

ENG: to rely on the Fifth Amendment (Amendment V) to the United States Constitution that protects the person from having to be a witness against himself in a criminal case

POL: powoływać się na piątą poprawkę, która zapewnia Amerykanom prawo do odmowy zeznań w sprawie karnej na swoją niekorzyść

No person … shall be compelled in any criminal case to be a witness against himself

(1) The New York Times reported that Judge Ito ruled the jury could not be told that Fuhrman had plead the fifth because jurors often incorrectly assume that it equals an admission of guilt. Instead, he gave the jury the following instructions: "Detective Mark Fuhrman is not available for further testimony as a witness in this case. His unavailability for further testimony on cross-examination is a factor which you may consider in evaluating his credibility as a witness."

an ADMISSION OF GUILT – przyznanie się do winy (saying that you are guilty)

TESTIMONY – zeznania (oral evidence offered by a competent witness under oath, which is used to establish some fact or set of facts)

CROSS-EXAMINATION –  przesłuchanie świadka strony przeciwnej (asking question of a witness called to the stand by the opposing party)

CREDIBILITY – wiarygodność (how convincing and believable someone is)

(2) Now, the question for a lawyer is, when an opposing party asserts their right against self-incrimination, what do you do? You can move on to another subject, but that’s not the right way to do it. When a party asserts the Fifth, you make them dig as deep and as wide a hole as you can, asking as many specific questions as possible to prompt the assertion of the privilege. The more “I plead the Fifth” answers you get, the better.

to ASSERT THE RIGHT/ ASSERT THE PRIVILEGE – skorzystać z prawa/ przywileju (to use one’s right/ privilege)

SELF-INCRIMINATION – składanie zeznań obciążających samego siebie (testyfiying against oneself)

(3) MARK: Can I just take the Fifth Amendment?

REGGIE: No, it won’t work, Mark. (…) The questions will not be asked to incriminate you. They will be asked for the purpose of gathering information you may have. (…) Your answers cannot incriminate you. So, you cannot hide under the protection of the Fifth Amendment.

MARK: Can I take the Fifth Amendment?

JUDGE: No.

MARK: Why not? It applies to kids, doesn’t it?

JUDGE: Yes, but not in this situation. (…) You’re not implicated in any crime.

MARK: Then why did you put me in jail?

JUDGE: I’m going to send you back there if you don’t answer my questions.

(…)

JUDGE: Did Mr. Clifford say anything about the present location of the body of Boyd Boyette?

MARK: Take the Fifth.

JUDGE: You can’t take the Fifth, Mark.

MARK: I just did.

to INCRIMINATE – obciążać, oskarżać (make (someone) appear guilty of a crime or wrongdoing)

IMPLICATED IN – zamieszany w (involved in)