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Trial

Due process requires that anyone accused of a crime is entitled to a public jury trial. Denial of "trial" generally takes its form in situations where law enforcement agents take the law into their own hands by arresting and punishing those they have brought into custody and believe to be guilty. By depriving an individual of his or her due process rights under "color of law," in other words by virtue of their law enforcement status, the officers have violated federal statutes. The officers who round up gang members, handcuff and assault them are acting as prosecutor, judge and jury. They are acting under color of law to deprive a person of his or her right to a trial. The officers can be sued in this situation and may be liable for money damages.

 

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