Procedural due process
legal doctrine
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. When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. Procedural due process is required by the Due Process Clauses of the Fifth Amendment (for federal matters) and Fourteenth Amendment (for matters at the state level) to the United States Constitution.
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." The rights, which apply equally to civil due process and criminal due process, are the following:
An unbiased tribunal.
Notice of the proposed action and the grounds asserted for it.
The opportunity to present reasons for the proposed action not to be taken.
The right to present evidence, including the right to call witnesses.
The right to know the opposing evidence.
The right to cross-examine adverse witnesses.
A decision based only on the evidence presented.
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This entry incorporates text from “Procedural due process” on English Wikipedia. Contributors are listed in the page history. Text is available under the Creative Commons Attribution-ShareAlike 4.0 License. Selected authority identifiers and statements are retrieved from Wikidata under CC0; their references and qualifiers remain part of the verification path.