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Lesson

Due Process of Law

Duration
90 min
Grade
9–12
Published
Nov 5, 2020
View of a grand courtroom featuring red drapery, a large chandelier, and a portrait displayed above the judge's bench.
The principle of due process of law means that the government must follow duly-enacted laws when it seeks to restrict or deny fundamental rights, including a person’s rights to life, liberty, or property. In essence, it means that the government must treat its citizens fairly, following laws and established procedures in everything it does. It is the commitment to this principle that makes the United States, as John Adams once noted, “a government of laws, and not of men.”

Founding Principles

Due Process

Guiding Questions

  • What are some specific elements of due process in criminal cases, and what are the landmark cases by which the Supreme Court interpreted and affirmed those protections?

Objectives

  • Students will comprehend elements of due process protected by the U.S. Constitution.
  • Students will analyze four landmark cases as examples of due process protections.

Materials

Student Handouts:

Lesson Components

ActivityHandout A: Rights of the Accused Essay
ActivityPrimary Source: Due Process Amendments
ActivityHandout C: Mapp v. Ohio (1961)
ActivityHandout D: Gideon v. Wainwright (1963)
ActivityHandout E: Miranda v. Arizona (1966)
ActivityHandout F: Board of Education of Pottawatomie v. Earls (2002)
ActivityHandout G: Case Briefing Sheet
ActivityHandout H: Case Summary Sheet
EssayEssay: Due Process of Law

The principle of due process of law means that the government must follow duly-enacted laws when it seeks to restrict or deny fundamental rights, including a person’s rights to life, liberty, or property. In essence, it means that government must treat its citizens fairly, following laws and established procedures in everything it does. It is the commitment to this principle that makes the United States, as John Adams once noted, “a government of laws, and not of men.”

Lesson plan

90 minClick a phase to open it

Key Terms

Bill of Rights
Sixth Amendment
Eighth Amendment
due process
republic

Standards

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