Due Process Reading Questions

Which of these documents helped the development of the principle of due process of law in the United States Constitution?

• Magna Carta

• Petition of Right

• English Bill of Rights

• All of these

Most of due process protections listed in the United States Bill of Rights deal with fair application of the law for people in which situation(s)?

• Having been suspected, accused or convicted of a crime.

• Having written articles that are critical of government officials.

• Having owned firearms for personal use.

• All of these

John Adams wrote that the United States Constitution provides the United States with "a government of laws, and not of men." Which of the following best expresses his meaning?

• The law is intended to apply equally to promote justice to everyone; no one is above the law.

• The US Constitution is a living document whose fundamental principles should change with changing times.

• The US Constitution is intended to persist unchanging through the ages; the courts should not depart from interpreting the Constitution strictly according to the literal meaning of the words

• All of these

• None of these is correct

Which term below is defined as: finding someone guilty without giving them a trial

• Writ of Habeas Corpus

• Bill of Attainder

• Exclusionary Rule

• Ex Post Facto

• Due Process

Which of the terms below is defined as: an accused person needs to have their day in court and face a judge/magistrate. If there is no evidence to hold them, they should be released.

• Writ of Habeas Corpus

• Bill of Attainder

• Ex Post Facto

• Exclusionary Rule

• Due Process

Which of the terms below is defined as: charging a person with a crime for something they did before it was illegal

• Writ of Habeas Corpus

• Bill of Attainder

• Ex Post Facto

• Due Process

• Exclusionary Rule

What is the best explanation for the Exclusionary Rule?

• The process of following the legal requirements and rules for a person who is accused of wrongdoing to make sure they go through the justice system fairly, legally, and equitably.

• The process of abiding by legal requirements and rules for collecting evidence against an accused person to insure law enforcement/government officials adhere to the law and Fourth Amendment case precedent.

• The concept that some citizens are generally excluded from having to go through the Due Process system and they can avoid legal problems by doing so.

• The concept that some citizens are not legally required by law to be granted an attorney and are therefore "excluded."

According to the Due Process reading, how do the stages of law enforcement typically work? Which of the choices below BEST demonstrates those stages?

• accusation of a crime & arrest, go to Court, jail time

• commit a crime, get arrested, go to jail

• investigation for probable cause and evidence gathering, official filing of charges, determination of guilt

• accusal - where charges are brought against a person, determination of guilt through legal proceedings, punishment and consequences.

The US Constitution repeats the concept of Due Process several times in the text of the constitution. This question corresponds to #8 in your class reading. Why do you think Due Process is significant enough to the civil liberties to the American citizens that it is stated more than once in constitutional text? Be sure you state your opinion and provide actual text evidence and/or some reasonable attempt as support for your theory.

• It ensures the country does not fall into anarchy.

• It protects a police officer's right to serve and protect its community, ensuring the protection of American citizens nationwide.

• Without equal application of the law, society is bound to participate in a legal system which does not fairly prosecute individuals for their attestable crimes and does not protect an individual’s Constitutional rights. 

  A discreditable and reprehensible legal system will lead to public distrust in the governmental institutions in which they actively partake in, but most conspicuously creates an opportunity in government to terminate the defense of an individual’s Constitutional rights they are sworn to protect (as well as an individual’s vindication). 

• It prevents false information from being shared online.

There are different aspects of Due Process. The concept of due process just being a "fair" way of being treated by the government is known as:

• substantive due process

• procedural due process

• Miranda rights

• political due process