Teaching due process: A workable method of teaching the ethical and legal aspects

Abstract

Due process is one of the “great ideas” of the Western world. An enormous amount of literature explains the concept of due process and its history; yet little exists to explain how to teach the legal and ethical aspects. This article suggests a structure, along with some techniques and anecdotes, for an introductory lecture that outlines the contours of due process. Without this introduction to the structure, many students will be lost, as I was, unable to comprehend the entire concept or to appreciate the many aspects of due process. With an understanding of the structure, students will be better prepared to read and understand due process cases that delve into the many details of the different aspects. My final goal is that students also discover the ethical dimensions of fair process and apply them to the informal justice systems of their families, schools, and workplaces.