DUE PROCESS OF THE LAW

Group 3

Brad JacksonJessica 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

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 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

Current

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 accountabilityAmerican citizens can be held indefinitely as a

terrorist without formal charges and then sentenced to death

Detainee Rights Guantanamo Bay

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 Issues At Gitmo

• Sleep deprivation• 20-hour interrogations• Isolation

All Deprive Prisoners of Due Process

FUCK

Gitmo Continued….779 detainees have been incarcerated there, with

President Bush releasing more than 500 and President Obama

67212 Remaining Detainees with

more being added All with minimal Due Process

given at this time

Does This….

Make This Acceptable?

• Should Detainees be given their Due Process?

• Is there a reason to not offer American citizens Due Process of the law?

Questions For The Masses

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

Q & A