Procedural Due Process

Definition - What does Procedural Due Process mean?

Procedural due process refers to the constitutional provision that requires that the procedures used when arresting an individual, trying an individual for a crime, or depriving an individual of his or her life, liberty, or property be fundamentally fair. Procedural due process can be applied to both criminal cases and civil cases.

Justipedia explains Procedural Due Process

In 1975, Judge Henry Friendly wrote an article titled "Some Kind of Hearing" which enumerated basic due process rights that continue to be relative and useful today. Some of these rights include requiring the tribunal to prepare written findings of fact and reasons for its decisions, the right to present evidence, the right to cross-examine a witness, notice of a lawsuit and the reasons for the lawsuit, the right to have an unbiased tribunal, and the right to know opposing evidence. Many of these items are listed in the constitution. Procedural due process is considered a constitutional right.

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