Procedural due process: Difference between revisions

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{{Distinguish|Substantive due process}}

'''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 at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. 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]] Amendments to the [[United StatesUS Constitution]].<ref name=":0" />{{Rp|617}}

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=https://www.law.cornell.edu/wex/due_process|publisher=[[Legal Information Institute]]|accessdate=8 March 2013}}</ref> TheseThe rights, which apply equally to civil due process and criminal due process, are the following:<ref name="Strauss Due Process Rights" />

# An unbiased tribunal.

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

# OpportunityThe opportunity to present reasons whyfor the proposed action should not to be taken.

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

# The right to know the opposing evidence.

# The right to cross-examine adverse witnesses.

# A decision based exclusivelyonly on the evidence presented.

# Opportunity to be represented by counsel.

# RequirementThe thattribunal the tribunalto prepare a record of the evidence presented.

# Requirement that theThe tribunal to prepare written findings of fact and the 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, aA 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 ==