Due Process - Procedural Due Process Flashcards
Due Process Generally
MAIN RULE: The due process clause is incorporated into the FIFTH (5th) AMENDMENT which applies to the federal government and the FOURTEENTH (14th) AMENDMENT which apples to the states. The due process clause provides that a state or federal government must not deprive an individual of life, liberty, or property without due process of law.
There are two (2) different types of due process, procedural due process and substantive due process.
Procedural Due Process
What does PDP guarantee & ensure?
Procedural due process guarantees that the government must follow fair procedures before they deprive an individual of life, liberty, or property. Such laws ensure that the laws are applied evenly so that individuals are not subject to arbitrary exercise and power.
What Are The Procedures Required to Satisfy Procedural Due Process?
The procedures that will be required to satisfy procedural due process will vary depending upon the circumstances and subject matter involved.
First, What Must There Be a Deprivation Of For Procedural Due Process to Apply?
THERE MUST BE A DEPRIVATION OF AN INDIVIDUAL’S LIFE, LIBERTY OR PROPERTY.
What Is a Deprivation Of Life?
When the government puts a person to death. Therefore, the death penalty requires procedural due process.
What Is a Deprivation Of Liberty?
Occurs when government deprives a person of some right provided by the constitution or a statute. Liberty interests may be deprived by personal confinement, probation and parole, as well as restrictions on certain rights like the right to practice a profession or the right to raise one’s family.
What Is a Deprivation Of Property?
Occurs when a person has an entitlement, and the entitlement is not fulfilled. This includes property interests in personal and real property and entitlements that extends from contracts. (school wants to fire a teacher, must give PDP because teacher is in a contract with the school) THE IS A PROPERTY INTEREST IN EDUCATION, WELFARE BENEFITS,
What Must There Be In Order To Hold The Government Liable For Procedural Due Process?
Must be at least intentional or reckless action on behalf of the government. MERE NEGLIGENCE BY THE GOVERNMENT WILL BE INSUFFICIENT.
What About The Government’s Liability In Emergency Situations?
In EMERGENCY SITUATIONS, the government will not be liable under PDP unless the government’s conduct can be said to SHOCK THE CONSCIOUS. There is also no violation of PDP when the government fails to protect individuals from privately inflicted harms EXCEPT WHEN THE GOVERNMENT HAS CREATED THE DANGER IN THE FIRST PLACE OR THE INDIVIDUAL IS IN THE GOVERNMENT’S CUSTODY
What Is The Standard Of Review For Procedural Due Process?
It depends upon the importance of the interest involved.
In general, the more important the individual right, the more process that must be afforded by the government. For instance, no one can be deprived of their life without a criminal trial on aggravating factors. (however, suspension of CDL may not require more process)
Strict Scrutiny?
Under the strict scrutiny standard, a law will be upheld only if it is necessary to achieve a compelling government purpose. The Court will always consider whether less burdensome means for accomplishing the legislative goal are available. Most governmental action examined under this test fails. When the strict scrutiny standard is applied, the government will have the burden of proving that the law is necessary.
Intermediate Scrutiny?
The Court uses intermediate scrutiny when a classification based on gender or legitimacy is involved. Under the intermediate scrutiny standard, a law will be upheld if it is substantially related to an important government purpose. Government has he burden of proof.
Rational Basis Test?
The rational basis standard is used whenever the other two standards are not applicable (i.e., most legislation). Under the rational basis standard, a law will be upheld if it is rationally related to a legitimate interest. It is difficult to fail this test, so most governmental action examined under this standard is upheld unless it is arbitrary or irrational. Under the rational basis standard, laws are presumed valid. Therefore, the challenger has the burden of proof. LOOSE LAWS ALLOWED, DOES NOT NEED TO BE THE BEST LAW
What Are The Required Procedures Under Procedural Due Process?
TO DETERMINE WHAT PROCEDURES ARE DUE USE MATHEWS/ELDRIDGE TEST:
Courts will look at the importance of the interest to the individual (THE MORE IMPORTANT THE INTEREST THE MORE PROCEDURE IS DUE
Courts will consider the effectiveness of the procedures used. if it is found that additional procedures would and are likely led to better and more accurate findings of fact and reduce erroneous deprivations then more procedural protections will be required.
Courts will look at the interests of the government and the burdens on the government THE FOCUS IS ON EFFICIENCY AND SAVING MONEY
What Are The Actual Procedures?
Adequate notice
Adequate hearing
Unbiased decision maker
