due process of law
Constitutional procedural protection
Due process of law is the constitutional guarantee that legal proceedings will follow established rules and protect individual rights.
The concept has two branches: procedural due process requires fair notice and a hearing before the government deprives someone of life, liberty, or property; substantive due process limits what government can do regardless of procedure.
The court ruled the seizure violated due process of law.
Often shortened to due process.
Erroneous guilty verdict
- coerced confessionStatement obtained through pressure
- withheld evidenceProof not disclosed
- prosecutorial misconductImproper actions by state attorneys
- kangaroo courtIllegitimate proceeding ignoring procedure
railroaded · miscarriage of justice · exoneration · appeal · habeas corpus
Post-Civil War constitutional addition
- Fifth AmendmentProtection against compelled testimony
- Bill of RightsInitial constitutional amendments guaranteeing freedoms
- equal protectionUniform legal treatment
- civil libertiesRights limiting government power
constitutional rights · fundamental rights · judicial review · constitutionality · Supreme Court · landmark cases · Magna Carta
Become aware of
- hearingPerceiving sound waves
- right to counselDefendant's guaranteed legal representation
- appeal rightsEntitlement to challenge decisions
- discoveryAct of finding something
subpoena · motion · pleadings · complaint · summons · jurisdiction · judgment · remedy
Default legal blamelessness
- Miranda rightsSuspect's custodial advisement
- arraignmentCharge-reading court session
- indictmentFormal charge from jury
- bailCourt-set release payment
Minimal standard of justice
- reasonablenessQuality of being fair-minded
- strict scrutinyMost rigorous constitutional test
- vested rightsLegally protected permanent interests
- abuse of powerMisusing entrusted authority
wrongful conviction
Erroneous guilty verdict
- coerced confessionStatement obtained through pressure
- withheld evidenceProof not disclosed
- prosecutorial misconductImproper actions by state attorneys
kangaroo court · railroaded · miscarriage of justice · exoneration · appeal · habeas corpus
Fourteenth Amendment
Post-Civil War constitutional addition
- Fifth AmendmentProtection against compelled testimony
- Bill of RightsInitial constitutional amendments guaranteeing freedoms
- equal protectionUniform legal treatment
civil liberties · constitutional rights · fundamental rights · judicial review · constitutionality · Supreme Court · landmark cases · Magna Carta
notice
Become aware of
- hearingPerceiving sound waves
- right to counselDefendant's guaranteed legal representation
- appeal rightsEntitlement to challenge decisions
discovery · subpoena · motion · pleadings · complaint · summons · jurisdiction · judgment · remedy · enforcement
presumption of innocence
Default legal blamelessness
- Miranda rightsSuspect's custodial advisement
- arraignmentCharge-reading court session
- indictmentFormal charge from jury
fundamental fairness
Minimal standard of justice
- reasonablenessQuality of being fair-minded
- strict scrutinyMost rigorous constitutional test
- vested rightsLegally protected permanent interests
abuse of power · capricious · unconscionable · proportionality
due process of lawsummary execution
Killing without formal trial
kangaroo court · star chamber · arbitrary detention · lynch mob · mob justice
due process of lawtyranny
Oppressive, absolute governance
lawlessness · rule by decree · despotism · rule of man · authoritarianism
due process of lawdenial of rights
Withholding legal entitlements
arbitrary arrest · disappearance · rendition · gulags · political persecution
dues, process, processes, processed, processing, processor, procession, processional, unlawful