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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VI. BILL OF RIGHTS (1987 Constitution, Art. III) ▸ A. Due Process Clause, Procedural and Substantive Requirements (1987 Constitution, Art. III, sec. 1, Art. XIII, sec. 1)

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Question

VI. BILL OF RIGHTS: Due Process Clause, Procedural and Substantive Requirements

Imagine a scenario where an individual named Juan is accused of committing a crime. He is arrested and brought before a court for trial. During the trial, several issues arise regarding the application of the Due Process Clause, as well as the procedural and substantive requirements under the 1987 Constitution. Analyze the following situations and determine the appropriate actions based on the provisions of the Constitution:

  1. During the trial, Juan's lawyer discovers that crucial evidence, which could potentially exonerate Juan, was not presented by the prosecution. The lawyer argues that this violates Juan's right to due process. Discuss the appropriate course of action based on the provisions of the Due Process Clause.
  2. After the trial, Juan is convicted and sentenced to imprisonment. He decides to file an appeal, claiming that his conviction violated his right to due process. Explain how Juan can establish a violation of his procedural requirements based on the 1987 Constitution.
  3. While serving his sentence in prison, Juan alleges that the conditions of his confinement are inhumane and degrading. He argues that these conditions violate his right to substantive due process. Examine the provisions of the 1987 Constitution and discuss whether Juan's claim is valid.
  4. Juan is scheduled to be executed by lethal injection. However, he argues that this method of execution violates his right to be free from cruel, inhuman, or degrading treatment. Evaluate whether the use of lethal injection is consistent with the prohibition of cruel, inhuman, or degrading punishment under the 1987 Constitution.

Answer

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