Procedural due process: Difference between revisions

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{{Distinguish|Substantive#REDIRECT [[Due Process Clause#Procedural due process}}]]

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'''Procedural due process''' is a [[legal doctrine]] in the [[United States]] that requires government officials to follow fair procedures before depriving a person of [[life]], [[liberty]], or [[property]].<ref name=":0">{{Cite book|title = Administrative Law: Agency Action in Legal Context|last = Glicksman|first = Robert L.|publisher = Foundation Press|year = 2010|isbn = |___location = 9781599416106|pages = |last2 = Levy|first2 = Richard E.}}</ref>{{Rp|657}} When the government seeks to deprive a person of one of those interests, procedural due process minimally requires for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker.

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Procedural due process is required by the [[Due Process Clause]]s of the [[Fifth Amendment to the United States Constitution|Fifth]] and [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendments]] to the [[United States Constitution]].<ref name=":0" />{{Rp|617}}

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The article "Some Kind of Hearing" written by Judge [[Henry Friendly]] created a list of basic due process rights "that remains highly influential, as to both content and relative priority."<ref name="Strauss Due Process Rights">{{cite web|last=Strauss|first=Peter|title=DUE PROCESS|url=http://www.law.cornell.edu/wex/due_process|publisher=[[Legal Information Institute]]|accessdate=8 March 2013}}</ref> These rights, which apply equally to civil due process and criminal due process, are:<ref name="Strauss Due Process Rights" />

# An unbiased tribunal.

# Notice of the proposed action and the grounds asserted for it.

# Opportunity to present reasons why the proposed action should not be taken.

# The right to present evidence, including the right to call witnesses.

# The right to know opposing evidence.

# The right to cross-examine adverse witnesses.

# A decision based exclusively on the evidence presented.

# Opportunity to be represented by counsel.

# Requirement that the tribunal prepare a record of the evidence presented.

# Requirement that the tribunal prepare written findings of fact and reasons for its decision.

Not all the above rights are guaranteed in every instance when the government seeks to deprive a person life, liberty, or property. At minimum, a person is due only notice, an opportunity to be heard, and a decision by a neutral decisionmaker. Courts use various tests to determine whether a person should also be guaranteed any of the other above procedural rights.

== References ==

<references />

[[Category:American legal terminology]]

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[[Category:United States civil due process case law]]

[[Category:United States criminal due process case law]]

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