Rahami Argument Analysis

The right to a speedy trial is considered an essential part of the due process applicable against the states because of the decision in the case of Klopfer v. North Carolina (1967) and ultimately the inclusion of it within the fourteenth amendment, that was granted by the doctrine of selective incorporation. In this particular case, the defendant Klopfer appealed to the supreme court because his trial had been postponed to be brought up again in the future when desired. Klopfer claimed that the right to a speedy trial, granted by the Sixth Amendment, should be pertinent to a state’s criminal prosecution due to the Due Process Clause of the Fourteenth Amendment (Ingram, 2009). The case was examined by the supreme court who ruled that the right to a speedy trial is a crucial basic right, just as the other rights guaranteed by the Sixth Amendment, that has been around for a very long time (Steinberg, 1975).

Due process is when all criminal suspects are guaranteed that they will have the ability to question the evidence against them in an open format. This is where they are entitled to the same protections and procedures as everyone else during a criminal proceeding. As a result, anything that is denying them of these safeguards is violation of their basic rights. (Sundahl, 2011)

Along with this, with the issue being brought to public attention, the Guantánamo Bay system is coming under heavy criticism due to its lack of actual convictions. Despite this, President Trump has actually not only decided to keep the controversial prison open, but to continue sending more prisoners there as well. In actuality, this is only worsening the problem, as the current cases have all ground to a halt, all lasting much longer than anticipated. For example, the Nashiri case, which started in 2011, as well as cases for those accused with plotting the September 11 attacks, are all still being drawn out. On top of this, the judge, Colonel Vance Spath, of the case says that there will not be a jury for the hearing until December. To try to alleviate some of these problems, Secretary of Defense Jim Mattis has replaced both the top official supervising the cases, Harvey Rishikof, along with his chief of staff in the hopes that the new leadership will speed things along (Philipps, par.

The Rogerian method is a method for an argument which is put in to a negotiating way. This argument is about whether or not it is racist to use American Indian names for a university. The author presents both sides of the argument, showing how this problem can be seen through the American Indians and the fans of the university. This was an effective argument overall and the author goes in depth on both sides.

The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have

The jury system in America is also influence by the English jury system. Another one of America’s constitutional right is due process which is the basic for fairness that is important in the judicial system which allows our system to work with honor and integrity. According to Currie (1992), the factors of due process involve the United States Constitution; Amendments V, and XIV and in 1970 Illinois State Constitution adopted some rights for due process.

One way his rights were violated was in the fact that he never had the presumption of innocence. John Lindh did not have the luxury of being presumed innocent until proven guilty. As shown in the article Lost in the Jihad which quotes Attorney General John Ashcroft professing his guilt at a press conference, in advance of Lindh’s indictment, relating Lindh as “an Al Qaeda-trained terrorist” (qtd. in Mayer, 1).

Under the Fifth Amendment, the due process clause has two different aspects: Many of the modern due process cases deal with what is called procedural due process (fair process, procedures), which concerns the process by which legal proceedings are conducted. “Substantive due process refers to the Supreme Court's examination of the reasons why the government passed a law or otherwise acted in a manner denying a citizen or a group of citizens life, liberty, or property” (Lincoln University, n.d.). The latter simply refers to the concern of which particular laws are applied during legal proceedings. Due process procedures do not guarantee the result of government action will be to a

In Padilla v. Rumsfeld, an American citizen was arrested in Chicago as he stepped off an airplane. Federal authorities received a tip that he was planning on conducting a terrorist attack using a dirty bomb. However, they did not have enough evidence to arrest him on the charge of terrorism and was subsequently held as a material witness. He was transferred to military custody and was sent to a prison in South Carolina. Over the next several years, his attorney's sued to the federal government alleging that he was being held without due process of law. In 2012, the Supreme Court denied to hear the case. They referred the matter back to US Court of Appeals. They dismissed the case, based upon the fact that the plaintiff's attorneys named Rumsfeld as the defendant. Instead, they should have named the military commander of the prison as the defendant. This means that the government can still hold onto Padilla and that his attorneys will have to re file using the proper procedures. ("Padilla v. Rumsfeld," 2012)

“The right to due process,” the only phrase respeated more than once in the Constitution, is guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one should be deprived of “life, liberty, or property without due process of law,” has become a crucial part of the foundation of the American legal system. Ascertaining over eleven different rights, including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and seizure, the due process clause ensures that everyone is treated equally and has the same rights as any other individual involved with the judicial system. The original premise of due process dates back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by King John’s disgruntled elite class, the Magna

The United States Government has no problem with getting out on technicalities. Thus it is not surprising that we have the same human rights problems now that we did during the Salem Witch Trials. In Guantanamo Bay, people accused of terrorism are held without conviction for as long as 15 years. The United States Government is allowed to do this without charging the accused because it is not United States territory. Although this may not be morally correct, it certainly serves the purpose of getting people to confess, and holding people that are believed to be a threat to this country. There are plenty of similarities in due process shared between Guantanamo Bay and Salem, Massachusetts.

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

A terrorist is someone that uses terrorism to attain political goals. It is the unlawful use of violence and force against people and property to persuade a population or government. A “Speedy Trial” guarantees that all persons accused of criminal actions have a right to a speedy trial. “Due Process” is fair treatment through the regular judicial system, especially for citizens. “Equal Protection” is part of the 14th amendment of the Constitution. It prohibits states from denying anyone within it’s jurisdiction the equal protection of laws. This means that the laws of a state must treat everyone in the same way as others in their same situation. As far as if a suspected terrorist is entitled to the same Constitutional protection as someone

In our government today we have due process of law. Due process of law simply means that we have protection against a chance deprivation of life, liberty or property. Within the due process law, if you are to be accused of something it has to be under fair and reasonable circumstances. If we are ever to be arrested of something, under due process it commands that we are taken to court and showed a cause. It is very important that we have due process in the law for the people of the United States. Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of

Adichie has good points and explains her argument well. She has organization and examples. She talks about her pass and her story, that helps the audience understand what she comes from and how she relates to this topic. She gives two perspective on every issues she comes across, she’s not narrow minded. She can explain very well, backing up on what she speaks where there won’t be a argumentative response. She gives the idea of what people might pick up on what they see, how the world or media sees something else. Where she talks about that everything is not what it is seen, everything is different behind the camera. Going deeper she talks about the American books, how she gather ideas on what the “American Image” is. Where books and television