Due process
Definition
The constitutional guarantee that the government must follow fair legal procedures before depriving any person of life, liberty, or property. Found in the 5th and 14th Amendments, due process ensures fairness in legal proceedings and protects individuals from arbitrary government action.
Examples
- A person accused of a crime has the right to a fair trial with legal representation
- The government cannot seize your property without proper legal proceedings
- A student facing expulsion is entitled to a hearing before the school board
Key Fact
5th Amendment guarantees federal due process; 14th Amendment extends it to state governments (ratified 1868).
Study This Concept
Practice due process with free review games in these units: