Due Process

All persons should be equal before the law and entitled to due process of law. Due process should determine innocence or guilt in a manner designed to protect the individual rights of all persons concerned, both the accused and the accuser. We hold that individuals may settle their differences outside the court, if both so agree.

We support the following:

A. Full protection of the rights of the accused, including complete access to all available records, information, or evidence (held by the courts or voluntarily submitted) to be used in the prosecution of the case. This includes providing access for those who choose to represent themselves, whether in custody or out of custody.

B. The right of any person convicted of a crime to seek restitution, in a separate legal action, for any violation of his or her rights. Full restitution should be given to the accused if loss is incurred in the course of criminal proceedings against them which does not result in a conviction.

C. No person should be denied the freedom of movement without formal charges being filed immediately following arrest.

D. The right of private parties to conduct, at their own expense, prosecutions against those they allege have victimized them.

E. The right of defendants and their counsel to inform jurors of the jury's power to nullify any law, and of the possible sentences for each offense charged.

F. No persons, other than government employees involved in the case at hand, should be compelled to appear or testify before a grand jury, nor be denied legal counsel during a grand jury proceeding.

G. In private lawsuits, the loser should pay the costs and litigation expenses of the prevailing party, at the discretion of the court.