What is an example of due process?

Answer 1

The 14th Amendment:

Procedural Due Process ("Due Procedures"/ "Procedures that are Due")

Fulfilled by:

(1) Adequate Notice (A statement of charges or claims and how to defend against them)

AND

(2) An Adequate Hearing (Proceedings commensurate with the claims and charges asserted in the Notice)

Examples:

> A Speeding Ticket: You don't get a jury. Sometimes not even a Judge, just a Hearing Officer. The Rules of Criminal Procedure?- No. The Rules of Evidence?- Only a few, mostly at the Hearing Officer's unfettered discretion.

> Capital Murder: A Jury Trial?- yes. The Rules of Criminal Procedure and the Rules of Evidence?- yes. Self Incrimination?- Never permitted unless waived. An Appeal as a Matter of Right?- Yes. Habeas Corpus? Perhaps unless the Writ is suspended, etc. The Right to Confront (cross-examine)- Yes. Discovery?- Yes and of every possible kind. A Preliminary Hearing? Yes. The Right to Suppress questionably obtained evidence?- Yes. A Speedy Trial?- Yes. Appointment of Counsel at the State's Expense?- Depends on your Financial Statement.

Substantive Due Process:

A guarantee of essential (fundamental) rights.

A right to be free of governmental conduct that "Shocks the Conscience".

Equal Protection (of the Laws): Not to be confused with Selective Enforcement.10 cars speeding- one officer in one radar-equipped squad car can't pull all of them over. One, perhaps two, is the best he/she can do.

The Personal Liberty Interest: Suggests freedom of movement (and freedom of thought and conduct) unrestrained by the actions of government and therefore a privacy right. One of several aspects of the U.S. Constitution composing the Penumbra in Roe v. Wade (1973).

Jurisprudence: Overall, the 14th Amendment is the pipeline through which the U.S. Constitution is applied to the states.

Query?- How else, but through the 14th Amendment, can the 13th Amendment abolition of slavery be applied to the States and State Actors?

Answer 2

Due Process requires fairness in government proceedings against a person. It was an important aspect to the drafters of the Constitution because they wanted to form a system of fair laws and provide it citizens with notice and opportunity to be heard at a hearing when they have life, liberty. or property at stake. These due process rights are encompassed in the 5th and 14th Amendments and there are various different kinds of rights granted which include procedural due process and substantive due process,

The best example of procedural due process is when an individual is sued in a court of State A but lives in State B. Due process requires that the person receive proper notice of the hearing in State A via personal service (or in some cases constructive notice) and that the person is entitled to be present at any hearings on the matter. As another example, a person cannot be put in jail without receiving proper notice of the charges against them and granted an opportunity to plead their case in front of the court.

Substantive due process mandates that neither the legislative, executive,nor judicial branches of government can restrict or redefine due process and infringe upon the constitutional rights of people. As an example, if the legislature enacted a law that stated a bank account can be seized without notice that would violate substantive due process because it denies citizens that the due process right of notice and opportunity to be heard on the matter before seizure.