[free-sklyarov] Why is Sklyarov still in jail?

Seth David Schoen schoen at loyalty.org
Fri Aug 3 12:04:20 PDT 2001


alfee cube writes:

> maybe this is true? - but there are allot of us who
> think he is being charged under an unconstitutional
> section of a statute and you can't violate american
> legal standards or procedural or substantive due
> process more than that!!!!!!

Hmmm, that's not true.  The procedural due process idea goes that, if
you are charged with violating an unconstitutional law, you will get
your day in court and it thereupon will be revealed that the law is
unconstitutional.

This is why a lot of people think that procedural due process isn't
the be-all and end-all: but it's pretty much all courts are worried
about if you inquire whether the legal process is being followed
properly or not.

-- 
Seth David Schoen <schoen at loyalty.org>  | Lending, printing, copying, giving
Temp.  http://www.loyalty.org/~schoen/  | and text-to-speech are permissions
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