What Is Due Process?

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What Is Due Process?

Due Process is a Constitutional right that comes from the 5th and 14th amendments. The 5th Amendment Due Process Clause applies to the federal government while the 14th Amendment applies to state and local government. The 14th amendment states that no state can "deprive any person of their life, liberty, or property without due process of law". This means that the state cannot deprive you of your basic rights without first allowing you proper legal proceedings such as a trial.

The Due Process Clause has two different distinctions:

What Is Procedural Due Process?

Procedural due process usually is involved whenever the government deprives a person their life, liberty, or property interest without using fair and timely procedures. Procedural due process means that the government must provide the person with at least a timely notice, an opportunity to be subjected to an oral hearing, and the right to a decision in front of a neutral decision-maker.

The main purpose of the Procedural Due Process Clause is for the government to provide fair and timely procedures before depriving a person of a right or interest they are entitled to. These procedures also lessen the risk of errors that could occur which would improperly deprive a person’s interest.

What Is Life, Liberty, and Property Interest?

Any deprivation of life, liberty, or property will be subjected to a review in whether the government exercised fair and timely procedures. The procedures that the government is required to exercise depend on the type of interest that was deprived. These interest include:

What Kind of Procedures Are Required?

When it has been established that a person has been deprived of their liberty or property interest, the next step is to determine whether the government exercised fair and timely procedures in order to legitimately deprive someone of that interest. Courts look at several factors:

What Are Some Procedural Protections That May Be Required for Certain Deprivations?

Examples of procedural protections:

What Happens If I Am Denied My Right to Due Process?

A denial of due process procedures is grounds for the reversal of the decision. The government must then reinstate the interest and have the decision reviewed under elevated procedural safeguards. This will usually give the deprived party another opportunity to challenge and contest the issue with better procedural safeguards in place.

Should I Contact a Lawyer?

If you have questions regarding your due process rights, or if you believe you have been denied your right to due process, you may want to contact a government lawyer. An experienced lawyer will be able to explain your rights to you and represent you in any appeals or administrative hearings that might be necessary.

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Last Modified: 02-01-2016 03:26 PM PST

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