Hamdi v. Rumsfeld

Following is the case brief for Hamdi v. Rumsfeld, 542 U.S. 507 (2004). Case Summary of Hamdi v. Rumsfeld: Hamdi, a U.S. citizen, was captured in Afghanistan while presumably fighting for the Taliban.  The U.S. Government detained him as an “enemy combatant.” Hamdi was indefinitely detained in the U.S. without charges and without access to legal counsel. The District Court hearing […]

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Self Incrimination

The Fifth Amendment to the U.S. Constitution grants every American the right to refuse to give testimony that would incriminate himself, or cause himself to appear guilty of a crime. The Fifth Amendment does not actually use the term “self incrimination,” but states “No person … shall be compelled in any criminal case to be a witness against himself.” This […]

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Due Process

The Due Process Clause is included in both the Fifth and Fourteenth Amendments to the United States Constitution. The clause prohibits the government from depriving a person of their right to liberty or property without due process. This clause has helped the federal and state governments adopt fairness standards to ensure people’s rights are not violated. When the justice system […]

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Double Jeopardy

Double jeopardy protects people from being tried for the same crime twice in a court of law. The clause is found in the Fifth Amendment of the United States Constitution, where it was included to prevent the government from erroneously or maliciously convicting innocent people, and to protect people from the consequences of successive prosecutions. It also helps to preserve […]

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Acquittal

An acquittal is a formal acknowledgement that the prosecutor in a criminal case failed to prove the accused was guilty beyond a reasonable doubt. While a jury may find the defendant “not guilty,” an acquittal does not necessarily prove the defendant’s innocence. Because of this, a person acquitted in a criminal court may still be sued in a civil court, […]

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