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Why do CPS and Family Court not follow the U.S. Constitution?

Why can't we (my husband and I) have Due Process? Why can't we have a trial by jury? We don't mind if our "neglect" charge is made public because what they said is so ridiculous the Public would laugh at it.


anna13, thanks for your info. I already have a court appointed attorney, but she said we were supposed to go to family court and and be heard by the judge only. It is a noncriminal CHINS. But I have lost custody of my son, and I feel my chances are slim without a jury.

5 Answers

  • anna13
    Lv 4
    1 decade ago
    Favorite Answer

    Wow, where did you guys learn Constitutional law?? The Federal constitution is a higher authority than any state constitution, not the other way around. Second, the Constitution DOES specifically use the term Due Process. The Fourteenth Amendment specifically says that a state cannot deprive you of life, liberty, or property without due process of law. That's pretty much a direct quote.

    On a more relevant note, I can't really answer your question. Theoretically, you should be able to get a jury in order to get due process. Unfortunately, there are different definitions of due process. The constitution does not provide for FULL process of law, only DUE process. Sometimes, notice and the ability to be heard/speak your side of the situation is all that the court recognizes as what is needed in order for process to be due.

    There have been, though, challenges to the limits that the law

    provides people in this regard. I recall, for example, the case of, I believe Lassiter v.Dept of social services. Lassiter's case sounds similar to yours in that it was a family law/neglect case where a mother was suing to get a court appointed attorney, which some would also see as required by the due process clause. Unfortunately, the court did not agree with her and she was not allowed free legal counsel. The general idea behind this case seems like it would apply well to your case. You might read Lassiter as a good discussion of what is required in order for there to be due process. The links to the case are too long, but if you Google it, you will find it. It's a US Supreme Court case.

    Edit: I'm glad to see that you have an attorney! That should help you immensely. And I'm sorry to hear that you're going through this. You would think that parents have no greater interest than in keeping their children (assuming this is what they want), and that they would, thus, be provided ALL the features of legal process available. IF you are not allowed a jury (and I only assume you are not based on what you've said), you could try to challenge it on Constitutional grounds, but this would take a very long time. The US Supreme Court has held in many, many cases that people have a LIBERTY interest in regard to custody of their children, so that a state cannot deprive a parent of this without due process. It's also possible that someone has already challenged the inability to demand a jury in custody cases as unconstitutional. You might ask your attorney about this. Best of luck.

  • 1 decade ago

    Actually, the answer is simple. It is a STATE action, not a federal action. Your state follows it's OWN constitution first and foremost. You do have a right to a trial by jury. I would imagine you are in a municipal court and not a district court. This means you can file for a Trial De Novo and get a jury trial once this proceeding is over. I suggest that you get an attorney.

  • You are entitled to a jursy trial if you request one, if you are being charged with a crime. Due process is not in the constitution it is a name that has been given to encompass many parts of the arrst and trial procedure, what part of your arrest or trial are you complaining about besides a jury trial. Did a judge tell you that you can't have a jury trial? Sounds like you need to speak to a lawyer so that you can understand your rights and maybe even hire one to protect right you feel are being violated.

  • 1 decade ago

    They don't because when you become a victim of them they retaliate and threaten to make you stop and cause more harm. They continue the Constitutional abuses because too many people like others who "answered" your question are uninformed or ignorant about reality.

    If you need help, one of the first groups to find resources is the AFRA site (American Family Rights Association; link below). There are thousands of advocacy groups nationwide, but they can connect you with a local group and other resources. They also have Yahoo groups. Start with searches and read the websites. And good luck.

    And for others who answered this question without being fully informed ... Get an education about reality in the United States right now, particularly with government agencies and the courts!

    Source(s): AFRA (American Family Rights Association) link:
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  • 1 decade ago

    Child Protective Services and Family Court will provide you "due process." Due Process only requires that you have notice and an opportunity to be heard by the judge (or magistrate or hearing officer) - it does not mean that you are entitled to a jury trial or to have the hearing open to the public. Only certain kinds of crimes and civil actions require a jury trial.

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