DSSEP Home Page Lesson Handout: Due Process and the Case of John Doe

Handout 1

Was John Doe treated fairly?
You decide.

This case involves a 23 year-old man named John Doe who had never finished 9th grade. One day

John was arrested at his home and taken to the police station. A woman who had just been robbed

and who was at the police station told police that John was the man who robbed her. The police

took John into a room where they asked him questions for two hours. At first John kept telling police

that he did not rob the woman. After two hours of questioning, however, the police got John to sign

a written confession stating that he did rob the woman. A jury found John guilty largely because of

his written confession. Even though the police were not rough with John when they questioned him,

John is arguing that the police never told him that he had a right to not answer the policemen's

questions or that he had a right to have a lawyer in the room when the police were asking him

questions. The idea of due process that is written into the Constitution means that the government,

including the police who work for the government, must follow its own rules when dealing with

people.

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