What is Due Process?
What is Due Process? It’s a term we hear often but may not stop to think about what it means. In honor of the Law Day 2021 theme “Advancing the Rule of Law Now,” the Johnson Institute organized a virtual panel discussion for high school students to explore the idea of due process— a critical component of the rule of law and role of law in our society.
This panel discussion, geared to high school students, features a clear and concise discussion of the Constitutional right of due process, guaranteed by the United States Constitution.
As students learn about the importance of the Constitution and the right of due process, this panel discussion provides an opportunity to learn from experts in law and education.
Panelists include:
Elizabeth Bowles, Law Magnet Instructor at the Center for Law, Booker T. Washington Magnet High School here in Montgomery, Alabama.
Lane Heard, Senior Counsel at the law firm of Williams and Connolly in Washington, DC.
Elizabeth Huntley, Senior Counsel and Director of Community Relations and Engagement at Lightfoot, Franklin and White in Birmingham, AL.
Thomas Rains, Executive Director of FMJI (Moderator)
Discussion Questions
Use these questions to start a class discussion, frame a research topic, or as writing prompts for essays. The questions are based on the content of the videos above and information from the other resources linked below. You can download these questions as a .pdf here.
What is due process, and what is its inherent purpose? Explain it in your own words.
Does due process only apply if you’re in court?
Where did the idea of due process come from, and is it unique to the United States?
Why is it important that people receive due process?
Which amendments to the U.S. Constitution refer to due process?
What do you think made these amendments referring to due process relevant and necessary?
What role has due process played in our society? Has it helped or hindered the liberties of our country’s citizens?
Name two rights that are not named in the U.S. Constitution but that the Supreme Court has recognized. Why do you believe they were not explicitly stated in the Constitution?
Can you name two examples from the video of situations where due process was denied? How was it denied?
How does due process affect justice in our society?
People go to court for two kinds of cases: criminal cases and civil cases. Can you describe the difference? Is due process the same for each?
Can you think of an example of a situation where you or someone you know was given due process? What was the outcome?
Can you think of a time where you extended thinking similar to due process?
How can you apply due process to interactions with people around you? How can they apply it to interactions with you?
Further Research: Find an example of a historical event where due process played a significant role. Was due process given or denied? How would the outcome have been different if the reverse had happened?
Further Resources for Law Day
Alabama State Bar
The Alabama State Bar Lawyer in Every Classroom Committee will be providing lawyers to visit middle school classrooms (6th-8th grades) in-person or virtually Friday, April 30, 2021, to teach students about this year’s Law Day theme and to answer students’ questions.
American Bar Association
Dive into Law Day with more information on the history of the event and resources for learning about each year’s theme.
United States Courts
Dive into distance learning on Law Day with the U.S. Courts.