Procedural due process: Difference between revisions

Revision as of 00:49, 4 November 2023

Revision as of 19:59, 23 January 2025

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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|___location = 9781599416106|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">{{citeCite journal web|last=StraussFriendly |first=PeterHenry |date=1975-06-01 |title=DUESome Kind of Hearing PROCESS|url=https://wwwscholarship.law.cornellupenn.edu/wexpenn_law_review/due_processvol123/iss6/2/ |publisherjournal=[[LegalUniversity Informationof InstitutePennsylvania Law Review]] |access-datevolume=8123 March|issue=6 2013|pages=1267}}</ref> The rights, which apply equally to civil due process and criminal due process, are the following:<ref name="Strauss Due Process Rights">{{cite web |last=Strauss |first=Peter |title=DUE PROCESS |url=https://www.law.cornell.edu/wex/due_process |access-date=8 March 2013 |publisher=[[Legal Information Institute]]}}</ref>

# An unbiased tribunal.

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