Due Process
Bottom Line Up Front: Due process is about dignity: It says the state must treat you as a human with rights, not as an object. By fortifying due process, we commit to a Colorado where justice is even-handed. We often say, better 100 guilty go free than 1 innocent unjustly punished – that’s a due process mindset. While we’ll work to reduce crime, we will not do so by cutting corners on constitutional protections. With us, Colorado will be both safe and just.
a. Fairness Principle: Due Process of Law is the constitutional guarantee that the government must respect all legal rights owed to a person and follow fair procedures before depriving anyone of life, liberty, or property. It’s enshrined in the 5th Amendment (federal) and the 14th Amendment (states). Due process is fundamental to justice – it’s what separates the rule of law from tyranny. Biblically, principles of due process appear in verses like Deuteronomy 19:15, “One witness is not enough to convict… a matter must be established by the testimony of two or three witnesses,” indicating fairness and evidence are required. Our own legal heritage, from Magna Carta onward, stresses that no person shall be punished or have rights stripped without a fair hearing. We are committed to strengthening due process in all areas of Colorado law – criminal, civil, administrative – so that everyone gets their day in court or proper hearing and an impartial decision-maker.
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b. Criminal Justice Due Process:
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1. Presumption of Innocence: In Colorado, as everywhere in the U.S., one is innocent until proven guilty beyond a reasonable doubt. We will ensure that remains not just a phrase but practice. This means juror education (ensuring juries understand burden of proof), opposing any legislation that flips burdens onto defendants, and guarding against pre-trial punishment. For instance, excessive pre-trial detention can punish someone not convicted; we’ll expand pre-trial services and use least restrictive conditions to ensure appearance (except for truly dangerous accused). We support bail reform that keeps genuinely violent offenders detained (with proof and a hearing that they’re a threat) but allows non-violent offenders to avoid languishing in jail due to poverty.
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2. Right to Counsel: The 6th Amendment right to counsel is critical. Colorado must adequately fund public defenders, so caseloads are manageable, and indigent defendants get effective assistance. We’ll also explore expanding a “assigned counsel” system in rural areas where public defenders are scarce. We oppose moves by some to make defendants pay public defender fees up front – counsel must be available regardless of ability to pay (fees can be assessed post-conviction if appropriate).
3. Fair Trials: We will promote measures to ensure fair jury selection (no systemic exclusion of minorities or any group). And transparency: open trials are default (except certain narrow exceptions), so the public trusts the process. We’ll push for body cameras and disclosure rules so that evidence (like police footage) is available to accused persons – no hiding potentially exculpatory evidence (which is already unconstitutional under Brady v. Maryland, but we want strict compliance). Prosecutorial misconduct (e.g., withholding evidence or overcharging) will be addressed via training and, if needed, sanctions. Every person, even the unpopular or accused of heinous crimes, deserves the full measure of due process to reach a just outcome.
4. Red Flag and Asset Forfeiture Revisited: Earlier we discussed red flag laws – one key objection is due process: guns removed ex parte. If such laws remain, we’ll bolster due process by requiring quick full hearings and high evidence standards. Similarly, civil asset forfeiture historically lacked due process (property taken without conviction). Colorado improved this by requiring conviction in most cases, and we’ll ensure any forfeiture still involves notice, a hearing, and an opportunity for the owner to contest, plus that seized assets go to a neutral fund (to remove perverse incentives).
5. Technology and Due Process: Modern issues like DNA databases, facial recognition, etc., raise due process concerns. We’ll set protocols: e.g., if the state uses an algorithm to aid sentencing or parole decisions, the defense has a right to examine how it works (no “black box” justice). If facial recognition flags a suspect, that’s just a lead – due process demands corroboration. We’ll guard against people being falsely matched and arrested without thorough review.
c. Civil and Administrative Due Process:
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1. Property Rights Hearing: When the government takes action like revoking a license, seizing property for code violations, or cutting benefits, due process requires at least notice and an opportunity to be heard. We’ll ensure every agency has clear, timely appeals processes. For example, if child protective services seeks to remove a child, parents get a prompt hearing with evidence. If a property is condemned, the owner can contest necessity and compensation before loss. We’ll review administrative courts (like for unemployment claims or professional discipline) to ensure they’re impartial – possibly strengthen independence of administrative law judges.
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2. Campus Due Process: Colorado’s public universities must provide due process in disciplinary actions, especially those that can ruin careers (like sexual misconduct accusations). We support the Title IX regulation requiring notice of allegations, access to evidence, and the right to cross-examination in campus hearings. We oppose “single-investigator” models that effectively make one person prosecutor, judge, and jury. Fairness to both accuser and accused is key; a rushed process helps no one and invites lawsuits. We’ll monitor that our schools follow due process (failing to do so has cost other universities millions in settlements and, more importantly, damaged trust).
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3. Regulatory Fines and Permits: If a small business is fined by OSHA or a bar cited by liquor authority, they deserve a fair hearing to contest. We will simplify and publicize how to appeal regulatory decisions. Many times, businesses don’t fight fines because process is obscure or costly. We might create an ombudsman for small businesses to navigate appeals. Also, to deter abusive enforcement, we favor shifting costs to the agency if a citizen wins an appeal (to incentivize agencies not to overreach).
4. Redress and Oversight: Part of due process is the ability to appeal and have errors corrected. We’ll examine Colorado’s appellate system – currently heavy caseloads can delay justice. Perhaps push for adding judges or using technology to expedite transcripts and filings. Also, many lack resources to appeal; supporting legal aid for important civil rights cases is on our radar (maybe a state legal defense fund for constitutional rights issues).
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5. Finally, police due process for citizens: Everyone must be secure in their persons (Fourth Amendment). We’ll ensure law enforcement respects warrants and probable cause. We’ll continue requiring body cams to provide objective evidence in confrontations. And if someone is mistreated, internal discipline plus external review (e.g., a strong citizens’ oversight board or attorney general’s civil rights division) will be in place.