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Due Process Clause

Posted on:7/16/2012
As the accused in a DUI case, you are entitled to the protection under the due process clause of the US constitution. Procedural due process refers to the procedures required to ensure fairness.


As the accused in a DUI case, you are entitled to the protection under the due process clause of the US constitution. Procedural due process refers to the procedures required to ensure fairness. The substantive due process, which guarantees basic rights that cannot be denied by governmental action.

 

Procedural due process has as its focal point the questioning of the decision-making process which is followed in determining whether the rule or regulation has been violated and the penalty, if any, that is imposed. Was the decision made in an arbitrary, capricious, or collusive manner? Was the accused given the opportunity to know what to defend against and to know reasonably well in advance what is thought to have been violated?

 

Substantive due process involves the rule, regulation, or legislation being violated -- namely, is it fair and reasonable? In other words, when measuring substantive due process, does the rule or legislation have a purpose and is it clearly related to the accomplishment of that purpose?

 

Claims to due process protection may be brought based on protections guaranteed by state constitutions and by federal and state statutes. The two minimum requirements of due process are the right to a hearing and notice of the hearing's time, date, and content.

 

The requirements are flexible, and the degree of formality depends on the nature of the right involved as well as on the circumstances surrounding the situation. If the deprivation concerned is not that of a fundamental right or is a right marginally affected by the challenged rule, only the minimal due process requirements may be necessary.


  
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