What is due process and why is it important?

Criminal Defense Lawyer Brevard FL

Due process ensures that legal matters, both civil and criminal, are resolved in a fair and equitable manner, according to established rules and principles.

Types of Due Process in Cape Canaveral and Throughout Brevard County, FL

According to the 5th and 14th amendments of the United States Constitution, the government is prohibited from taking any action or actions that may deprive a person of ‘life, liberty, or property without due process of law’.

Procedural Due Process

Places a requirement that the government, when acting in a manner that may deny a citizen of the United States their life, liberty, or property interest, must give such a person notice of these actions, a right to be heard, and a decision made by a neutral decision-maker (i.e. judge or jury of one’s peers).

Substantive Due Process

Substantive Due Process is a legal principle that grants courts the power to protect certain fundamental rights from interference by the government. This is true even in situations where procedural due process has been met, and for rights that may not be specifically cited elsewhere in the Constitution.

In other words, Due Process ensures fairness in legal proceedings both criminal and civil, as well as ensuring that the government has the right to take such action in the first place.

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