Procedural due process: Difference between revisions

Revision as of 18:56, 20 May 2019

Revision as of 07:40, 18 December 2020

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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 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 to the [[US Constitution|United States 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]]|accessdateaccess-date=8 March 2013}}</ref> The 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.