Fabricating evidence against an individual also violates the color of law statute, taking away the person’s rights of due process. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During these violations. The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Due process (more fully due process of law) is the principle that the government must respect all of a person's legal rights, instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. In the laws of the United States and England, this principle gives individuals a varying ability to enforce their rights against alleged violations thereof by governments. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges, (who build their opinion discretions of individual choice, judiciousness and discernment and not on the facts or the law) instead of legislators to guarantee fundamental fairness, justice, and liberty. Where parties are also addressed in rashness, thoughtlessness, insensitivity, heedlessness, carelessness, tactlessness, and irresponsibility of the courts clerks and administrative personnel disguised as given or providing legal advise to the public within a legal system that forces parties to hire legal counsel for mild or minor claims that could and sholud be handle by themselves.
Therefore, "We the undersigned" recognize the need for some form of due process policies under law although the specifics are often unclear, most agree that they should guarantee a basic minimum level of justice and fairness during the filing process. Some have argued that they are bound to grant no more rights to parites than they do to their own law professionals which also means that both would be vulnerable to the same deprivations by the judiciary system personnel.
We believe due process remedies or court personnel should be of special concern to the public the serve, be relevant to the information requested and not what the think the person or individual may be requesting, and require, skills of listening
