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LSDefine
Simple English definitions for legal terms
Procedural due process
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A quick definition of Procedural due process:
Procedural due process is a rule that says when the government takes away someone's life, freedom, or property, they must follow certain steps. These steps include giving the person notice of what's happening, letting them explain why it shouldn't happen, and having a fair and neutral person make the final decision. This rule is part of the Constitution and helps protect people's rights.
A more thorough explanation:
Procedural due process is a legal requirement that the government must follow when taking away a person's life, liberty, or property. It means that the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.
For example, if the government wants to take away someone's property, they must give that person notice of the proposed action and the grounds for it. The person must then have the opportunity to present reasons why the action should not be taken, present evidence, and cross-examine adverse witnesses. The decision must be based exclusively on the evidence presented, and the person has the right to be represented by counsel.
Procedural due process is one of two components of due process, with the other being substantive due process. The U.S. Constitution guarantees due process in the Fifth and Fourteenth Amendments when someone is denied "life, liberty, or property."
Overall, procedural due process ensures that the government cannot take away a person's rights without following a fair and just process.