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Due Process

Ending Indefinite Detention of Americans Who Aren't Being Detained Doesn't Solve the Problem

Daphne Eviatar | Posted 01.29.2013 | Politics
Daphne Eviatar

If due process is a principle worth defending for citizens and green-card holders, then it's a principle worth defending for everyone. Failure to do that has already led the U.S. government to jail potentially innocent men for a decade or more offshore.

The Process: A Presidential Imperative

Mark Goulston, M.D. | Posted 12.12.2012 | Politics
Mark Goulston, M.D.

JFK to Eisenhower: What went wrong with the Bay of Pigs? Eisenhower: You didn't have a process. If the above is true (and if someone has a source pl...

The Justice System's Imprisonment of Innocent Citizens

Anthony Gregory | Posted 12.03.2012 | Crime
Anthony Gregory

It is almost a certainty that thousands of innocent Americans are behind bars, potentially subject to brutal conditions, violence, and very often rape. But this reality poses a major inconvenience for the dominant forms of modern political ideology.

What Students Are Doing for Trayvon This Easter Weekend

Vanessa Baden Kelly | Posted 06.06.2012 | Miami
Vanessa Baden Kelly

Students from across the state of Florida and the nation have gathered to trek 40 miles from Daytona to Sanford to call for justice. It is time for the justice system to show itself impartial and to allow the process to begin.

Justice for George Zimmerman

Wyatt Troia | Posted 06.05.2012 | College
Wyatt Troia

Forgotten in the rush to punish George Zimmerman are the components of true justice: a presumption of innocence, dispassionate evaluation of the evidence, due process and color-blindness.

Texas Court of Inquiry Into Prosecutorial Misconduct Is Big News

Andrea Lyon | Posted 04.22.2012 | Crime
Andrea Lyon

A special investigation has been convened to decide whether a former prosecutor, who is now a judge, hid evidence in a trial in which a man was wrongly convicted of his wife's murder and sent to prison for almost 25 years.

The Right to Reopen an Adverse Decision From Abroad

Aggie R. Hoffman | Posted 04.04.2012 | Latino Voices
Aggie R. Hoffman

Our highest law is the U.S. Constitution, defining rights of citizens, of those who are present within our jurisdiction, and controlling issues of national importance such as the making of treaties, protection of our borders, and immigration.

Syracuse Expels Education Student for Criticizing Racial Comment on Facebook, Then Folds Under Public Scrutiny

Adam Kissel | Posted 03.20.2012 | College
Adam Kissel

It was barely a year ago that Syracuse University was at the top of this list of the "12 Worst Colleges for Free Speech" here at the Huffington Post. ...

The Latest Skirmish in Afghanistan: Hate to Say We Told You So

Daphne Eviatar | Posted 03.09.2012 | Politics
Daphne Eviatar

The U.S. government can't credibly insist that the Afghans improve their justice system and treatment of detainees if the U.S. military doesn't first get its own detention house in order.

How Immigration Courts Contaminate American Justice

Bennett L. Gershman | Posted 03.07.2012 | Politics
Bennett L. Gershman

Is there a path to reforming the immigration justice system to ensure fairness? Given the deportation crackdowns and implementation of the Obama administration's Secure Communities initiative, it's unclear whether additional resources will make any significant improvement.

What Do Joe Paterno, Herman Cain and Dominique Strauss-Kahn Have in Common?

Judge H. Lee Sarokin | Posted 02.18.2012 | Crime
Judge H. Lee Sarokin

Each one of these men has suffered severe damage to their lives and reputations without ever having been found guilty of anything. Shouldn't the punishment follow a finding of guilt -- rather than precede it?

Michael McAuliff

Senate Votes To Let Military Detain Americans Indefinitely, White House Threatens Veto | Michael McAuliff | Posted 11.30.2011 | Politics

WASHINGTON -- The Senate voted Tuesday to keep a controversial provision to let the military detain terrorism suspects on U.S. soil and hold them inde...

Mike Sacks

VIDEO: Supreme Court Will Ponder Bad Lawyers, Broken Elbows And Eyewitness IDs | Mike Sacks | Posted 12.28.2011 | Politics

WASHINGTON -- The Supreme Court returns to the bench on Monday for another two weeks of oral arguments. Next week's docket is stacked with criminal ca...

Andrea Stone

Same-Sex Married Troops Ready To Sue Over Military Benefits | Andrea Stone | Posted 12.16.2011 | Politics

LAS VEGAS -- The gay advocacy group that successfully lobbied to repeal the military's "don't ask, don't tell" policy plans to file a lawsuit in feder...

A Pyrrhic Victory

Bruce Fein | Posted 11.03.2011 | Politics
Bruce Fein

The United States' extra-judicial killing of United States citizen Anwar al-Awlaki off the battlefield and unengaged in active hostilities against the...

Treatment of Muslims Tarnished America's Reputation

Azadeh Shahshahani | Posted 11.13.2011 | Politics
Azadeh Shahshahani

Muslim-Americans, like all people in the United States, should have the right to due process of law and the right to express their religious beliefs free from discrimination.

Standing Up for Due Process on Campus = "Sticking Up for Penises Everywhere?"

Adam Kissel | Posted 10.30.2011 | College
Adam Kissel

Lower standards of evidence will likely produce more guilty findings -- not just of the guilty, but also the innocent. When verdicts are wrong, the cause of justice on campus is ill-served.

Joy Resmovits

To Fire A Cheating Teacher | Joy Resmovits | Posted 09.18.2011 | Education

Atlanta educators charged with cheating on students' standardized tests received a letter from Erroll Davis, Atlanta's interim superintendent last wee...

The Department of Education, Yale, And the New Threat to Free Speech on Campus

Greg Lukianoff | Posted 08.15.2011 | College
Greg Lukianoff

Since the 1980s, harassment policies have been the main vehicle for campus speech codes -- that is, collegiate policies that restrict speech protected by the First Amendment.

The Demise of "Originalism"

Geoffrey R. Stone | Posted 08.05.2011 | Politics
Geoffrey R. Stone

Judges purporting to engage in originalist analysis often project onto the Framers their own personal and political preferences. The result is an unprincipled and often patently disingenuous jurisprudence.

Accidental Killing of 12-Year-Old Afghan Girl Highlights Major Challenge for U.S. Military

Daphne Eviatar | Posted 07.13.2011 | Home
Daphne Eviatar

Twelve-year-old Nelofar was shot dead early Thursday morning outside her family's home in Eastern Afghanistan because NATO troops mistakenly believed that her uncle was a Taliban leader.

Bin Laden's Death Sparks Rethinking of US Policy in Afghanistan

Daphne Eviatar | Posted 07.10.2011 | Home
Daphne Eviatar

The death of the world's most wanted terrorist is building up pressure on the United States government to end our country's longest-running war. The question now is whether the American public and its leaders are willing to invest in a long-term strategy for peace.

Formidable Coalition Joins Fight for Student Rights

Greg Lukianoff | Posted 12.05.2011 | College
Greg Lukianoff

Hayden Barnes, a former student at Georgia's Valdosta State University (VSU) was kicked out of his college for protesting. This case is easily among the worst I've ever seen.

Does Bradley Manning Have Rights?

Dylan Ratigan | Posted 05.25.2011 | Politics
Dylan Ratigan

A few days ago, I argued about whether Manning has the right to due process and the right not to be tortured. I believe he has rights, the other contributors disagreed. Captain David Price, a viewer and a retired JAG corps member, wrote in to clarify.

The Julian Assange 'Trial by Newspaper' -- A Response to Nick Davies

Bianca Jagger | Posted 05.25.2011 | Media
Bianca Jagger

The press has a responsibility to present a fair account of events relating to Julian Assange, particularly when due process is at stake. Prejudiced reporting can have costly and tragic consequences.