Q:

What is procedural due process?

A:

Quick Answer

Under the Fifth Amendment of the Constitution, procedural due process requires the government to ensure fairness in court proceedings prior to deprivation of life, liberty or property. The goal of the due process requirement is accurate outcomes through the use of fair procedures, explains Cornell University Law School.

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Full Answer

The requirements for procedural due process involve the right to notice and an adequate hearing as well as the right to cross-examination, the right to present evidence, the protection against self-incrimination, and the right to a jury trial in criminal cases, as set forth in the Fifth Amendment. The more important the interest involved, the more protections are to be afforded, according to decisions by the Supreme Court, Cornell University explains.

The right to due process is mentioned twice in the Constitution: in the Fifth Amendment and in the Fourteenth Amendment, which applies it to the states. Its centrality demonstrates how critically important due process is in jurisprudence, according to Cornell's Legal Information Institute. In the case of Goldberg v. Kelly, the Supreme Court determined that even in administrative cases with only property rights involved, such as decisions involving welfare benefits, the citizen is entitled to a meaningful hearing prior to having benefits suspended.

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