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Due Process of The Law. Group 3. Brad Jackson Jessica Garcia Matthew Montes. What is Due Process?. In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens. . Due Process Clause.

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due process of the law

Due Process of The Law

Group 3

Brad Jackson

Jessica Garcia

Matthew Montes

what is due process
What is Due Process?

In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens.

due process clause
Due Process Clause

The fifth amendment provides that “no person…(shall) be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.


No State shall deprive any person of life, liberty, or property, without due process of law. (Fourteenth Amendment)

  • Guarantees U.S Citizens the equality and fairness of the law regardless of the crime
goals of due process
Goals Of Due Process
  • To produce, through the use of fair procedures, more accurate results; to prevent the wrongful deprivation of interests
  • To make people feel that the government has treated them fairly by listening to their position
was justice served
Was Justice Served?

On September 30, 2011, these amendments were broken when President Obama approved a U.S. drone strike, which killed two American-born and -raised Muslim clerics, Anwar al-Awlaki (40 yrs.) and his son Samir Khan (16 yrs.) in Yemen.  


National Defense Authorization Act (NDAA)

In 2012 President Obama signed the NDAA Act, Obama is the first ever president to claim the legal authority to order an American citizen killed without judicial involvement, real oversight or public accountability

American citizens can be held indefinitely as a terrorist without formal charges and then sentenced to death

detainee rights
Detainee Rights

In Hamdan v. Rumsfeld (2006), the U.S. Supreme Court ruled that Guantanamo Bay detainees are protected by the Geneva Conventions, and struck down a Bush administration plan that called for the remaining detainees to be tried in top-secret tribunals. Last year, Congress passed the Military Commissions Act providing a due process system for Guantanamo detainees. The Pentagon has indicated that fewer than 100 prisoners will be tried under the new system. It is not yet clear whether detainees not tried under the Military Commissions Act will be immediately released or further detained indefinitely without trial, but the Hamdan precedent and public opinion make the latter option unlikely.

guantanamo bay
Guantanamo Bay


Issues At Gitmo

  • Sleep deprivation
  • 20-hour interrogations
  • Isolation

All Deprive Prisoners of Due Process


Gitmo Continued….

779 detainees have been incarcerated there, with President Bush releasing more than 500 and President Obama 67

212 Remaining Detainees with more being added

All with minimal Due Process given at this time


Does This….

Make This Acceptable?


Questions For The Masses

  • Should Detainees be given their Due Process?
  • Is there a reason to not offer American citizens Due Process of the law?

The United States was based on a foundation of freedom and Trust. The current government has made the American public feel uneasy about their freedoms and their future