Due Process and the Significance of Interpretation The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Due Process is a thing of the past, what with the passing and signing into law of the National Defense Authorization Act, which authorizes the military to arrest and detain

This 'law and order' approach, however, will tend to invoke discomfort amongst civil libertarians, who will object to the danger that this poses to the constitution. Accordingly, we consider the Due Process Model of criminal justice, which U.S. Legal (2010) identifies as a mode of administration which emphasizes procedural regularity, adherence to the terms of the Constitution and meaningful commitment to the notion of innocent until proven guilty. As USLegal

In modern criminal procedure and practice, the Sixth Amendment also provides specific requirements of police, such as where criminal defendants express the desire to consult legal counsel. Irrespective of whether or not such a request precedes or follows the common recitation of Miranda warnings by arresting authorities, the Supreme Court has now long-regarded any expression of request for legal counsel as the immediate cut-off point of any further questioning (Colon, 2004;

In addition to rulings related to due process in trials, the Supreme Court made several rulings highlighting the importance of due process in police detentions in the 20th century. In 1936, the Court ruled that confessions extracted through coercion would not be acceptable as evidences. Initially, the court condemned "police brutality" and later extended it to "psychological as well as physical coercion of prisoners" (Lewis 97). In 1961, in the

Slaughterhouse Cases, Takings Clause PART I Slaughterhouse Cases 198 U.S. 45 Lochner v New York 1904 (Oyez, 2013) UNITED STATES SUPREME COURT Joseph Lochner The People of the State of New York TABLE OF AUTHORITIES FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of

Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752. Ingraham v. Wright, 430 U.S. 651 (1977). In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages