Procedural due process
Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property.[1]: 657 When the government seeks to deprive a person of one of those interests, procedural due process minimally requires for the government to afford the person notice, an opportunity to be heard & defend him or herself, and a decision made by a neutral decisionmaker.
Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.[1]: 617
The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."[2] These rights, which apply equally to civil due process and criminal due process, are:[2]
- An unbiased tribunal.
- Notice of the proposed action and the grounds asserted for it.
- Opportunity to present reasons why the proposed action should not be taken.
- The right to present evidence, including the right to call witnesses.
- The right to know opposing evidence.
- The right to cross-examine adverse witnesses.
- A decision based exclusively on the evidence presented.
- Opportunity to be represented by counsel.
- Requirement that the tribunal prepare a record of the evidence presented.
- Requirement that the tribunal prepare written findings of fact and reasons for its decision.
References
- ^ a b Glicksman, Robert L.; Levy, Richard E. (2010). Administrative Law: Agency Action in Legal Context. 9781599416106: Foundation Press.
{{cite book}}: CS1 maint: location (link) - ^ a b Strauss, Peter. "DUE PROCESS". Legal Information Institute. Retrieved 8 March 2013.
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