🇺🇸
Constitutional Law • Procedural Due Process
CONLAW#085
Legal Definition
Generally, the government's failure to protect people from privately inflicted harms does not deny procedural due process. The government has a duty to prevent harm only where it creates the danger or the person is in government custody.
Plain English Explanation
Imagine you're walking through a park and someone randomly decides to be mean to you. You might think, "Shouldn't the government have stopped this?" Well, under our laws, the government isn't like a superhero that swoops in to prevent every bad thing done by individuals. This rule is about fairness and practicality; it's just not possible for the government to stop every private wrong.
But, there are exceptions. Let's say the government builds a dangerous bridge and tells you to cross it, or you're in a situation where you're under the government's watch, like in jail. In these cases, the government has a special role because it either put you in that risky spot or it's specifically responsible for your safety. So, the rule basically means that the government must protect you when it's directly involved in creating a risky situation or when you're in its care. This makes sense because the government should take responsibility for its actions and for those it has direct control over.
But, there are exceptions. Let's say the government builds a dangerous bridge and tells you to cross it, or you're in a situation where you're under the government's watch, like in jail. In these cases, the government has a special role because it either put you in that risky spot or it's specifically responsible for your safety. So, the rule basically means that the government must protect you when it's directly involved in creating a risky situation or when you're in its care. This makes sense because the government should take responsibility for its actions and for those it has direct control over.
Hypothetical
Hypo 1: Bob builds a fence with sharp spikes on top around his property to keep people out. Sam, not knowing about the new fence, accidentally walks into Bob's property at night and gets injured by the spikes. Result: The government is not responsible for Sam's injuries because Bob, not the government, created the danger.
Hypo 2: Bob is taken into police custody for questioning. While in the holding cell, Sam, another detainee, assaults Bob. Result: The government had a duty to protect Bob while he was in custody. Its failure to prevent the assault could violate Bob's right to be protected from harm while under government control.
Hypo 3: In Hypofornia, the government starts a construction project but fails to put up warning signs. Sam, walking by the site, falls into an uncovered pit and is injured. Result: The government created the danger by starting the construction project without proper warnings, so it could be responsible for Sam's injuries because it had a duty to protect pedestrians from harm caused by its activities.
Hypo 2: Bob is taken into police custody for questioning. While in the holding cell, Sam, another detainee, assaults Bob. Result: The government had a duty to protect Bob while he was in custody. Its failure to prevent the assault could violate Bob's right to be protected from harm while under government control.
Hypo 3: In Hypofornia, the government starts a construction project but fails to put up warning signs. Sam, walking by the site, falls into an uncovered pit and is injured. Result: The government created the danger by starting the construction project without proper warnings, so it could be responsible for Sam's injuries because it had a duty to protect pedestrians from harm caused by its activities.
Related Concepts
What constitutes a deprivation of liberty?
What constitutes a deprivation of property?
What is Procedural Due Process?
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?
