What does the phrase 'due process' primarily refer to?

The phrase 'due process' primarily refers to the fair treatment through the judicial system. This concept is rooted in the Fifth and Fourteenth Amendments of the U.S. Constitution, which guarantee that no person shall be "deprived of life, liberty, or property, without due process of law." Essentially, this means that the government must uphold and respect all legal rights and processes owed to individuals when they are accused of crimes or face legal proceedings.

Due process implies that individuals are entitled to notice, a fair hearing, and the opportunity to present their case before an impartial tribunal. It ensures that laws are applied fairly and consistently, supporting the principle that every person deserves a right to a fair trial and lawful treatment from the judicial system.

In contrast, the other options focus on more specific rights or processes. The rights of the police during an arrest, the ability to file lawsuits against the government, and the right to appeal a court decision do not encompass the broader and foundational legal principle of due process, which encompasses the overall protection of individuals in legal proceedings.