Constitutional Law - Individual Rights PROCEDURAL DUE PROCESS Flashcards
PROCEDURAL DUE PROCESS
The procedures a government must follow to take away someone’s LIFE, LIBERTY or PROPERTY
Any taking can be broken down into 2 questions
(1) Has there been a deprivation of life, liberty or property? (if not, we are done)
(2) If there has been a DEPRIVATION (and ONLY if) then we ask: What PROCEDURES are required?
3-part balancing test
(i) the IMPORTANCE OF THE INTEREST to the individual (ie the more important the interest is to the person, the more procedural protection will be required by the court)
(ii) The ability of additional procedures to increase the accuracy of the fact-finding (the more additional procedures will lead to better fact-finding and reduce erroneous deprivations, the more likely the ct is to require them
(iii) The government’s interests - which are usually EFFICIENCY and SAVING MONEY for the govt
When has a DEPRIVATION occurred for purposes of PROCEDURAL DUE PROCESS?
DEPRIVATION OF LIBERTY occurs if there is a loss of SIGNIFICANT FREEDOM provided by the Constitution or a statute
DEPRIVATION OF PROPERTY occurs if a person has an entitlement (a REASONABLE EXPECTATION to the continued receipt of a benefit) and that entitlement is NOT fulfilled
NOTES:
(a) GOVT NEGLIGENCE is NOT sufficient for a deprivation of due process - Generally there must be INTENTIONAL GOVERNMENT ACTION or at least RECKLESS action for liability to exist
- e.g. prisoner slips on a pillow negligently left on prison steps and argues deprivation of due process (ie loss of freedom) - Sup Ct. denied, said govt negligence not sufficient for due process claim
(b) EMERGENCY SITUATIONS, the govt is liable under due process only if its conduct “shocks the conscience”
- e.g. high speed police chase ends in death of teenage boy, parents tried to sue saying police negligence caused death of son - but EMERGENCY situation so govt only liable if actions “shock the conscience” (e.g. deliberately injured him)
(c) PRIVATELY INFLICTED HARMS - generally govt failure to protect people from privately inflicted harms does NOT deny due process
Assuming we find there has been a DEPRIVATION what procedures are required?
again, 3 part balancing test
(1) Importance of interest to individual
(2) ability of procedures to increase accuracy of fact-finding (and prevent erroneous deprivations)
(3) govt interests (efficiency, saving govt money)
What Due Process is required for terminating welfare benefits?
Termination of welfare benefits requires both NOTICE and a HEARING
What due process is required to permanently terminate a parent’s right to custody?
Both Notice and a Hearing
What due process is required for an adult to be institutionalized?
NOTICE AND A HEARING
What due process is required to terminate social security benefits
termination requires ONLY a POST-TERMINATION Hearing
Instances where no deprivation found
(1) HARM TO REPUTATION by itself, is NOT a loss of liberty
(2) PRISONERS rarely have liberty interests, almost always lose when asserting loss of liberty
Due Process required for PUNITIVE DAMAGE AWARDS?
Punitive Damages require a JURY INSTRUCTIONS to guide discretion and JUDICIAL REVIEW to ensure that any award is REASONABLE
Due Process requirements for a non-citizen held as an ENEMY COMBATANT?
A non-citizen held as an ENEMY COMBATANT is entitled to due process which means THE ABILITY TO CHALLENGE THEIR CONTINUED DETENTION
Due Process required for US citizens facing criminal charges in a foreign country held by the American Military
They can file a HABEAS CORPUS Petition seeking review of their detention in federal court
Due Process required for potentially biased judges?
Due Process requires RECUSAL of a judge if there is a “SUBSTANTIAL RISK OF ACTUAL BIAS”
e.g. chairman of corp spent $3 mill to help get judge elected, judge could not review appeal of $50 mill judgment against the company
