Due Process is, in general, the promise that the American Government must act within the confines of the law and provide fair procedures to determine these confines. The Due Process clause is the only command that is listed in the Constitution twice. It protects citizens from
- Substantive Due Process is a concept that recognizes that some rights protected by the Fourteenth Amendment are so fundamental that they deserve a heightened protection since these rights are guaranteed by the Constitution. An example of this would be depriving someone of the right to raise their children.
- Procedural Due Process violation occurs if the process for protecting a right guaranteed by the Constitution was not protected by adequate procedures. Wooleyhan v. Cape Henlopen Sch. Dist. , 2011 WL 1875710, at 9 (D. Del. 2011). An example of this would be suspending or expelling a student without providing some opportunity for the student to challenge the allegations against them.
For more information, Cornell University Law School has a great article on Due Process
Remember, we will NEVER charge for an initial consultation. If you feel that you have been a victim of failure to Due Process or any other civil rights violation by the police or other government agency, its imperative that you Contact Us as soon as possible.