Procedural Due Process

Procedural due process allows that "no person may be deprived of life, liberty, or property, without due process of law." These rights are outlined in the Fifth and Fourteenth Amendment of the U.S. Constitution. The basis for procedural rights is to protect you from government actions which could be arbitrary.

There are also procedural due process rules which are outlined in the Bill of Rights and govern criminal trials. Basic procedural due process rules include the right to notice and a hearing, the right to remain silent so as not to incriminate yourself, the right to have an attorney and to have your case heard before a jury.

Additional procedural due processes, which are required by the state, are outlined in state constitutions. In some cases state procedural laws provide more protection than the United States Constitution. Procedural due process should not be confused with substantive due process which concerns how a particular law may or may not violate the U.S. Constitution. Procedural due process simply reviews the means used to enforce laws against individuals.