Due Process

Link to 14th Amendment

Procedural Due Process

If a person is going to be deprived of LIFE, LIBERTY or PROPERTY, a prescribed constitutional process must be followed.

1. Proper Notice

The person must have proper notice that he or she is about to (or may, as the result of an investigation) be deprived of LIFE, LIBERTY or PROPERTY

• • Tell them the ‘charges’
  • Tell them the evidence

2. The person must be given an opportunity to be heard

• • Chance to answer to the charges

3. The hearing must be conducted fairly

• • Investigation does not have animus or bias
  • Tell them of their rights (of appeal, other remedies)
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Substantive Due Process

If a state is going to deprive a person of LIFE, LIBERTY or PROPERTY, the state must:

1. Have a valid objective

• • The state has a substantial interest in the event (objective)

2. The means used must be reasonably calculated to achieve the objective

• • The means used to achieve the objective are substantially likely to meet the interest