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Magna Carta Analysis by Kelly Aissa P.4 (COMMITMENT TO "DUE PROCESS…
Magna Carta Analysis by Kelly Aissa P.4
COMMITMENT TO "DUE PROCESS OF LAW"
Established procedures; no trial without evidence/testimony to support accusations; reliance on local courts and magistrates; trials held in a timely manner; trials open to the public; trial by jury of one's peers
The lesser cases would be handled at local courts for more convenience.
The Magna Carta insured that all hearings would be just, even if the docket was overloaded.
There would no longer be biased sentences, but the punishments would be according to the seriousness if the crime that was committed
Any serious crime that could result in death or loss of limb could not be paid off in bail
The court would no longer follow the royal court and would have permanent court houses and would have legal records stored in these court houses for preservation.
FAIRNESS OF THE LAWS AND THEIR EXECUTION
"Reasonable" rules and regulations; equal justice under the law; recognition of customs, traditions, and established rights; restoration of property and fines if not justly taken; punishment in proportion to the crime.
The sentences issued would be fair and have to be related to the crime that was committed, and not more or less than the severity of the crime.
Bail would not be accepted when the crime was bad enough to be punished by death and or losing a body part.
There would now be the requirement of reliable a witness when someone was brought on trial for committing a crime
All unjust cases that were issued before the deed would be reviewed and refined to the new order's rules.
Only real officials that know the inner workings of the laws and were morally just would be able to administer law enforcement.
RESPECT FOR ECONOMIC RIGHTS
Right to property; fairness in economic transactions--standard weights and measures; reimbursement for and/or restoration of property; freedom for merchants to move in order to conduct business
There would now be the requirement of reliable a witness when someone was brought on trial for committing a crime
No amount of money would decide the urgency of a case.
Rights to a fair law were for everyone, and not just nobles
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
The church will not be at the mercy of the king, and will no longer be under his control when making decisions.
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