Legal English: ?Due Process?

Pronunciation: doo PRAH-sess
Origin: English

Today?s phrase, ?due process,? is a critical legal concept, especially in the field of criminal law. Essentially, due process can be thought of as fairness in execution and administration of the law, legal processes, and the judicial system.

Both the Fifth and Fourteenth Amendments to the United States Constitution contain ?Due Process Clauses? that guarantee due process of law. Due process includes procedural due process and substantive due process, prohibits vague laws, and also requires, in certain situations, that states in the U.S. respect dictates of the Bill of Rights (the first ten Amendments to the U.S. Constitution). Accordingly, there are many situations that lead to claims of violations of due process of law.

Here are some example sentences that use the phrase in various forms:

• ?The court?s online docket has been down, and the clerk?s main office is closed due to bad weather. My client hasn?t even been served with charges of any kind. To ask us to participate in today?s hearing is a clear due process violation.?
• ?After many months of extensive (and expensive) litigation, the court has issued a one-word denial of our dispositive motion. We feel that due process of law requires further elaboration so that we know why the court has ruled against us. We intend to take the issue up on appeal.?

Many of the basic rights and requirements that are standard in the American legal system were created to address due process concerns. The following are examples of issues related to due process:

• If a person is charged with a crime, they must have notice of it.
• Crimes cannot be vague. A certain level of specificity is needed so that people know what conduct is prohibited. Moreover, the government must have substantial and credible evidence to support charges.
• People need a meaningful opportunity to defend themselves when charged with a crime. Typically, a hearing is needed.

As one can see, each addresses an issue of fundamental fairness in the administration of the legal system. Due process is a broad and far-reaching doctrine of protection and appropriate action in the service of justice, and its impact can be felt in nearly every legal context.

Source: http://onlinelaw.wustl.edu/legal-english-due-process/

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