dUE pROCESS cLAUSE
due process of law
n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. The universal guarantee of due process is in the Fifth Amendment and is applied to all states by the 14th Amendment.
Due process is a procedure that must be followed when a person is accused of a crime. It protects their rights and ensures that everyone will get an equal and fair trial.
The question is: Should known terrorists be given this right by our government?
Many Americans say yes. They believe that everyone, citizen or not, arrested within the United State's borders should be given the right to due process. Specifically they said the following of suspected terrorists: 77% said they should be given a lawyer, 60% said they should not be held indefinitely without a trial, 76% said they should not be tortured, and 61% said they should not be threatened with torture.
n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. The universal guarantee of due process is in the Fifth Amendment and is applied to all states by the 14th Amendment.
Due process is a procedure that must be followed when a person is accused of a crime. It protects their rights and ensures that everyone will get an equal and fair trial.
The question is: Should known terrorists be given this right by our government?
Many Americans say yes. They believe that everyone, citizen or not, arrested within the United State's borders should be given the right to due process. Specifically they said the following of suspected terrorists: 77% said they should be given a lawyer, 60% said they should not be held indefinitely without a trial, 76% said they should not be tortured, and 61% said they should not be threatened with torture.
The Supreme Court decided in the case of Hamdi v. Rumsfeld that suspected terrorists, such as those detained in Guantanamo Bay, do have certain rights. In a six to three decision, the court decided that he (Hamdi) did have the right to contest his detention and to be told the crimes he was being held for (writ of habeus corpus).
The United Nations Commission on Human Rights declared the situation and practices at Guantanamo Bay a violation of international conventions. Until they were told of this, 52% of Americans who were asked thought that the procedures at Guantanamo Bay were fine but once this fact came out, 61% of them said the U.S. should change what they were doing there. A lot of these people think the treatment of the detainees may make it harder for America to win international support for the war on terror. Some think that it may worsen the tensions between America and the Muslim countries.
The United Nations Commission on Human Rights declared the situation and practices at Guantanamo Bay a violation of international conventions. Until they were told of this, 52% of Americans who were asked thought that the procedures at Guantanamo Bay were fine but once this fact came out, 61% of them said the U.S. should change what they were doing there. A lot of these people think the treatment of the detainees may make it harder for America to win international support for the war on terror. Some think that it may worsen the tensions between America and the Muslim countries.
I believe that everyone accused of a crime in the United States should be given the right to due process. Anyone can be wrongly accused and without the due process of law, it is more likely that a person will be wrongfully punished if they cannot have a fair trial to prove their innocence. This right should not just be given to citizens or certain 'criminals' because they are not the only ones accused of crimes in this country. Anyone who is arrested or detained and may be punished for a crime should have the right to a fair trial, a lawyer, and all other rights given under the due process clause.
Sources other than those linked:
http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law
http://www.worldpublicopinion.org/pipa/articles/home_page/228.php?nid=&id=&pnt=228&lb=hmpg1
http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law
http://www.worldpublicopinion.org/pipa/articles/home_page/228.php?nid=&id=&pnt=228&lb=hmpg1