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Due Process
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What is Due Process?

Due process is a foundational legal principle requiring that government actions affecting an individual's life, liberty, or property follow fair and established procedures. It draws authority from constitutional amendments and sits at the center of courses in constitutional law, criminal justice, and civil rights. The concept divides into procedural due process, which governs how legal decisions are made, and substantive due process, which limits what the government may do regardless of procedure. Because it defines the boundary between state power and individual rights, due process raises persistent questions about how courts balance the interests of the accused against the needs of society, making it a compelling area of academic inquiry.

Student papers on this topic approach due process from several angles. Many focus on the tension between the due process model and the crime control model, examining how competing values shape criminal justice policy. Others use case studies of police-suspect encounters or landmark cases such as Duncan v. Louisiana to analyze how constitutional protections are applied in practice. Some papers take an institutional focus, exploring neutrality in the court system or the role of the exclusionary rule in search and seizure law, while others address due process rights in non-criminal settings, such as student disciplinary proceedings.

A strong essay on due process needs a clearly scoped thesis that specifies which dimension of the doctrine is under examination and in what context. Evidence drawn from constitutional text, court decisions, and concrete case outcomes carries the most weight. The most common pitfall is treating due process as a single uniform standard — effective analysis always distinguishes between procedural and substantive protections and anchors arguments in specific legal contexts rather than broad generalizations.

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Research Paper Doctorate
The U.S. Constitution, government structure, and the role of local government
Constitutional History: Beginnings and Changes
Research Paper Doctorate
Heart of Atlanta Motel v. United States and the Civil Rights Act of 1964
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)
Paper Doctorate
Leadership decapitation as counterterrorism strategy after Osama bin Laden
Fast forward to mid 2012. With a beleaguered President, and many new congressmen and senators, there is tremendous pressure to make progress in Afghanistan. The senior US military organization in Afghanistan is now the Joint Task Force Afghanistan (JTFA). The commander is a three star, his J3 (Operations) is a two star, and his J2 (Intelligence) is a one star. You have just been assigned to the J2 Section with duties not determined as yet. Your attendance at AMU and the number of intelligence and counterterrorism courses you have taken is known to your boss, the Assistant J2, Colonel (Col) George A. Custer IV. (Yes, he is the lineal descendant of "Old Yellow Hair". He is the oldest Lieutenant Colonel on active duty, and was recalled to active duty because of his experience in the Phoenix/Phung Hoang program in Vietnam.) Col Custer has just called you in to his office, and after swearing you to secrecy, relates the following: He has just returned from the US Embassy where he attended a meeting chaired by the US Ambassador, and attended by, among others, the Central Intelligence Agency (CIA) Chief of Station (COS), the Defense Attaché (DATT), the Commanding General (CG), JTFA, his J3 and J2, and various other members of the American Embassy, to include the Political Counselor, Chief, Political/Military Branch, Chief, United States Agency for International Development (USAID) and Chief, United States Information Service (USIS).
Research Paper Doctorate
The criminal justice system's balance between public order and individual rights
Public order vs. individual rights is not a new controversy. Since time immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that…
Paper Doctorate
The exclusionary rule and its role in protecting constitutional rights
The exclusionary rule was first defined by the U.S. Supreme Court in 1886 and over the years has been strengthened, weakened, and molded to fit an increasingly complex Fourth Amendment landscape. This essay reviews the major cases that molded contemporary Fourth Amendment jurisprudence and examines whether it should be replaced by a more effective mechanism.
Research Paper Doctorate
Vagueness and legal language: Christie's defense of purposeful ambiguity
Although judges can declare any statute plain, they always have a variety of ways to declare it unclear. English has a multitude of ways to be vague. In his 1963 article "Vagueness and Legal Language," Christie argues…
Paper Undergraduate
Franklin Olsen's burglary arrest and the suggestive police lineup identification
This is a review of cases in which the testimony of eyewitnesses to the crime was gained through lineup identification conducted by police that was later found to be so impermissibly suggestive that the evidence was suppressed and not admitted into evidence in the trial of the suspect. Cases are reviewed, analysis conducted and a conclusion stated.
Research Paper Doctorate
Applying traditional personal jurisdiction doctrine to Internet-based contacts
Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with…
Essay Undergraduate
The socially constructed nature of human rights and their evolution
Human rights are rights that no government can deny, by virtue of a citizen being 'human.' Yet what constitutes a human right has varied greatly, depending upon the sentiments of the international community.
Essay Undergraduate
The due process clause and protection of individual rights in America
Adopted in 1868 to the U.S. Constitution during the Reconstruction era the Fourteenth amendment is known as one of the three Reconstruction Amendments. Of these three, the Fourteenth is the most complex and resulted in…