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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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Related Concepts
Does failure to protect people from harm violate Due Process?
What constitutes a deprivation of liberty?
What constitutes a deprivation of property?
What procedures are required for civil forfeitures?
What procedures are required for committing a person to a mental institution?
What procedures are required for corporal punishment in schools?
What procedures are required for detaining citizens as enemy combatants?
What procedures are required for ending Social Security Disability?
What procedures are required for ending welfare benefits?
What procedures are required for pre-judgment attachment and government seizures of property?
What procedures are required for proper Due Process?
What procedures are required for punitive damages?
What procedures are required for suspending a diver's license?
What procedures are required for suspending or dismissing a public school student?
What procedures are required for terminating a parent's custodial rights?
What procedures are required for terminating a tenured public employee for cause?
