Due Process

Goals

1. Describe due process.
2. Ensure that due process is upheld.

What?

Due process refers to the legal requirement that a government must respect all the legal rights owed to a person according to the law. It ensures fair treatment through the normal judicial and administrative systems, especially as a citizen’s entitlement. Due process protects individuals from arbitrary denial of life, liberty, or property.

There are two types:

• Procedural Due Process: Requires fair and proper procedures before the government can deprive a person of life, liberty, or property. This includes the right to be heard, to receive notice, and to have a neutral decision-maker.

• Substantive Due Process: Protects certain fundamental rights from government interference, even if procedural protections are present. These rights include privacy, family autonomy, and bodily integrity.

Examples: Due Process

• A student is given a hearing before being expelled from school.
• A person accused of a crime is given a lawyer, a fair trial, and an opportunity to present evidence.
• A government agency notifies a person of the termination of their benefits and provides a hearing before finalizing the decision.
• Police obtain a warrant before searching someone’s home.

Examples: Violations of Due Process

• A person is imprisoned without being told the charges or given a trial.
• A city seizes property without notifying the owner or providing a hearing.
• An agency fires an employee based on accusations without allowing the employee to respond.
• A law is applied retroactively to punish behavior that was legal when committed.

Why?

Here is why due process matters:

• Protects Individual Rights: It prevents the government from abusing its power.
• Promotes Fairness: Ensures people are treated equally under the law.
• Maintains Rule of Law: Reinforces trust in legal systems and democratic institutions.
• Reduces Errors: Encourages careful, evidence-based decision-making.
• Upholds Human Dignity: Treats every person as worthy of fair treatment.
• Prevents Tyranny: Acts as a safeguard against arbitrary or discriminatory actions by those in power.

How?

Here is how due process is upheld:

• Clear Laws: Laws must be written and accessible so people know what is expected.
• Notice: Individuals must be informed of legal actions or decisions that affect them.
• Opportunity to Be Heard: Affected individuals must have a chance to present their case.
• Neutral Decision-Maker: Judges and officials must be impartial.
• Right to Counsel: In many cases, individuals have the right to legal representation.
• Right to Appeal: There must be a system to challenge or review decisions.
• Judicial Oversight: Courts must have the power to enforce due process protections.