Government and politics concepts · AP U.S. Government and Politics, AP U.S. History
Due process
Due process: The constitutional guarantee, in the Fifth and Fourteenth Amendments, that government cannot deprive people of life, liberty or property without fair legal procedures.
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What it means
Procedural due process requires fair procedures, such as notice and a hearing. Substantive due process protects certain fundamental rights from government interference regardless of procedure. The Fourteenth Amendment's due process clause is the vehicle for selective incorporation.
Due process protections for people accused of crimes include the right to an attorney, protection against unreasonable searches and protection against self-incrimination.
Example
In Gideon v. Wainwright (1963), the Court held that states must provide an attorney to defendants in felony cases who cannot afford one.
On the exam
Due process appears in Unit 3 questions on civil liberties and the rights of the accused.