Protecting Individual Rights
Explain how the due process rights listed below are violated in the following story:
- Habeas Corpus
- Right to Counsel
- Presumption of Innocence
- Right of Appeal
A middle school is located directly across the street from a high school. There are no rules that forbid middle school students from being on the high school grounds after the school day is completed.
At the end of one school day, two middle school students noticed a large crowd of high school students gathering on the lawn of the high school. Everyone seemed to be excited and some high school students were yelling. The two middle school students could not hear what the yelling was about.
The two middle school students crossed the street to see what was going on. They had just entered the crowd when a police car and van pulled up. The crowd of high school students scattered and the two middle school students walked home.
Later that evening, the middle school principal contacted the two students. He told them they were suspended from school for 10 days and that the suspension would begin immediately.
The next day, the students asked if they could explain themselves and if the principal might change his mind. He stated that he did not need to hear an explanation and that there would be no change in their punishment of being suspended for 10 days.