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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33552
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Florida Constitution: SECTION 9. Due process.—No person shall

Resolved Question:

Florida Constitution:
SECTION 9. Due process.—No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

Question: This section does not state something to the effect that no state shall deprive a person of due process. As such, to the extent proven, is it technically unlawful for even a private citizen to contribute to the denial of another's due process? At the very least, is there a merit to that argument? I understand it is implict that the State cannot deny due process, but Section 9 does not specify either way. So, if one can prove a non-state entity denied one of due process, then can that be argued to be 'unlawful'?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 3 years ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

It can be argued but it isn't likely to be successful purely on that argument.

Dwayne B. :

Due process is inherently an issue as to the government, not a private citizen.

Dwayne B. :

There is no case law that would back up your claim that the due process protection extends to private citizens.

Customer: replied 3 years ago.
Do appreciate the response and do realize there is an uphill battle here, particularly w/o caselaw. That said, precedent can be set w/o caselaw, right? Also, does the response change if the denial of due process, through an alleged action, is commited by court officers, including two attorneys and a judge? In other words, are attorneys and judges considered private citizens? Thanks, again.
Expert:  Dwayne B. replied 3 years ago.
There always has to be a first case to start precedent. Attorneys are private citizens but a judge is a governmental officer, so long as he is acting in an official capacity, and the courts are part of the government as well.
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Expert:  Dwayne B. replied 3 years ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.