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.

Three Prong Test:
  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)

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