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Constitutional Law • Procedural Due Process
CONLAW#082
Legal Definition
Procedural Due Process guarantees that when one is deprived of life, liberty, or property by an intentional government action, one is entitled to notice and an opportunity to be heard before a neutral magistrate (unless knowingly and voluntarily waived).
Plain English Explanation
Procedural due process means the government has to be fair when it takes away important rights from people. The government can't just lock someone up or take their home or money away without good reason. First, the government has to let the person know what it plans to do. Then it has to let the person tell their side of the story to a neutral decision-maker. This is so people get a fair chance to fight back before the government interferes with their important rights. The government has to follow these fairness steps unless the person says it's OK not to. Procedural due process protects people from the government being abusive with its power.
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