LawMeaning

Due Process

Also known as: Fair Treatment, Legal Safeguards

In one sentence

The constitutional right to fair legal procedures and treatment by the government.

Plain English

Due process means the government must follow fair and established legal procedures before taking away your rights, liberty, or property. This includes giving you notice of charges against you, the right to a fair hearing, the right to an attorney, and the right to present your side of the story. Due process applies in both criminal and civil cases and is a cornerstone of American justice.

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Example

A person cannot be imprisoned without being told what crime they're accused of, having a chance to defend themselves in court, and receiving a fair trial. Skipping these steps would violate due process.

Used in a sentence

“The defendant claimed the trial violated due process because the judge refused to allow him to present evidence in his defense.”

Related terms

Conviction
A formal declaration that someone is guilty of a crime after trial or plea.
Defense Attorney
A lawyer who represents a person accused of a crime in court.
Grand Jury
A group of citizens who review evidence to decide if there's probable cause to charge someone with a crime.
Bail
Money or property pledged to secure a defendant's release before trial.
Beyond a Reasonable Doubt
The highest standard of proof required to convict a defendant in a criminal trial.
Bench Trial
A trial where a judge, not a jury, decides guilt or innocence.
Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Castle Doctrine
A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.