1. Q1 Notes #4 Law In American Society
DUE PROCESS
Q1 Notes #4
Law In American Society

2. 1. Due process is derived from the 5th and 14th Amendments.
-Society’s basic notions of legal fairness

3. “No person shall be…deprived of life, liberty, or property without due process of law” - 5th Amendment
“All citizens are guaranteed equal protection under the law” -14th Amendment

4. DUE PROCESS Def: Legal procedures that protect rights of individual

5. 2. Two types of due process
a. Substantive Due Process
i. Def: Court protection of individual’s basic freedoms
ii. Deals with laws and gov’t action
iii. Used mostly in cases involving rights not in Constitution

6. 1. examples:
a. right to privacy
i. abortion rights
ii. right to marry

7. b. Procedural Due Process (Fair Procedures)
i. Def: Right to fair access to and fair treatment in courts (protection against gov’t)
ii. Minimum (set by Supreme Court)— gov’t must give notice of its plans; citizens must have chance to comment
1. does not guarantee gov’t will listen or citizen will like the action

8. iii. Usually—gov’t must follow certain procedures before acting
1. Examples:
a. being fired from gov’t job
b. cut off social security payments
c. send someone to jail

9. iv. May also include: 1. a hearing before an impartial person
2. attorney
3. calling witnesses on one’s behalf (5th)

10. cross-examination of witnesses (5th)
transcript of proceedings
6. right to appeal
(This all describes the trial process)

11. v. Procedures depend on three factors:
1. seriousness of potential harm
2. cost to gov’t (time and money) to enact
3. risk of error without it