Need legal help to understand procedural due process

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What is procedural due process and why does it exist?

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Nov 15th, 2015

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Nov 15th, 2015

Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.
The Due Process Clause serves two basic goals. One is to produce, through the use of fair procedures, more accurate results: to prevent the wrongful deprivation of interests. The other goal is to make people feel that the government has treated them fairly by, say, listening to their side of the story.
The Due Process Clause is essentially a guarantee of basic fairness. Fairness can, in various cases, have many components: notice, an opportunity to be heard at a meaningful time in a meaningful way, a decision supported by substantial evidence, etc. In general, the more important the individual right in question, the more process that must be afforded.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html
https://www.law.cornell.edu/wex/procedural_due_process
http://nationalparalegal.edu/conLawCrimProc_Public/DueProcess/ProceduralDueProcess.asp

Nov 15th, 2015

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