Define: Procedural Due Process

Procedural due process is a legal principle that ensures fairness in legal proceedings by requiring that parties be given notice and an opportunity to be heard before being deprived of life, liberty, or property. It guarantees that individuals are afforded certain procedural protections before the government can take adverse actions against them, such as arrest, imprisonment, or the deprivation of property rights. Procedural due process includes the right to adequate notice of the charges or allegations, the right to present evidence and arguments, the right to confront and cross-examine witnesses, and the right to a neutral decision-maker. These safeguards help to protect individuals’ fundamental rights and prevent arbitrary or unjust actions by government authorities. Procedural due process is a fundamental principle of constitutional law in many countries, including the United States, where it is enshrined in the Fifth and Fourteenth Amendments to the Constitution.

Procedural due process are the rights a person has, as defined by the U.S. Constitution in the Fifth Amendment to the U.S. Constitution (and the Fourteenth Amendment), in which it is repeated, which states that “no person may be deprived of life, liberty, or property, without due process of law.

Due process can include substantive due process, which are the rights afforded to you as a person, but more frequently we think of the procedural due process as the process which determines how a legal proceeding against you must be carried out. For instance, a person has the right to an attorney, the right to appointed counsel if they cannot hire their own attorney, the right to compel witnesses to appear at trial, the right to confront prosecution witnesses at trial, and the right to obtain a transcript of trial proceedings.

These rights apply to civil and criminal trials at the state and federal level. The U.S. Supreme Court has also ruled that immigrants, enemy combatants, some detainees and prisons of war may also have the right to notice and to a hearing. Civil and criminal lawyers can outline your rights to you if you have questions.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.