05-Due Process

●?? Basic Principle

●? The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.

●? When ls Individualized Adjudication Required?

●?? There is a right to procedural due process only when the government acts to deprive an individual of life, liberty, or property.

●? Intentional Deprivation v. Negligent Deprivation

●?? Fair process is required for intentional acts of the government or its employees.

●?? If an injury is caused to a person through the mere negligence of a government employee, there is no violation of the Due Process Clause.

●?? Is Life, Liberty or Property Being Taken?

●? Older Supreme Court cases indicated that due process protects “right, ” but not "privileges."

●? Liberty

●?? “l(fā)iberty” includes more than just freedom from bodily restraints.

●? Property

●?? “Property” includes more than personal belongings and realty, chattels, or money, but an abstract need or desire for the benefit is not enough.

●?? Relationship Between Substantive Due Process and Equal Protection

●? The Due Process Clause and the Equal Protection Clause guarantee the fairness of laws substantive due process guarantees that laws will be reasonable and not arbitrary, and equal protection guarantees that similarly situated person will be treated alike.

●?? What Standard of Review will the Court Apply?

●? Strict Scrutiny

●? The Court uses the strict scrutiny standard when a suspect classification or fundamental right is involved.

●? Intermediate Scrutiny

●? The Court uses intermediate scrutiny when a classification based on gender or legitimacy is involved.

●? Rational Basis

●? The rational basis standard is used whenever the other two standards are not applicable.