Constitutional LawCriminal Law
Due Process
Legal Term · Constitutional Law
Plain-English Definition
A constitutional guarantee that the government cannot take away a person's life, liberty, or property without following fair legal procedures. It means the government must respect all legal rights owed to a person, not just some or most of them.
Legal Definition
The Fifth and Fourteenth Amendments to the United States Constitution prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law. Substantive due process protects fundamental rights from government interference regardless of procedural protections, while procedural due process requires fair procedures before the government may deprive a person of a protected interest.
Example Usage
The defendant argued that the statute violated due process because it was so vague that a reasonable person could not understand what conduct was prohibited.