procedural due process

procedural due process

The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, esp. if the deprivation of a significant life, liberty, or property interest may occur.

? The Supreme Court has ruled that the fundamental guarantees of due process apply to children as well as to adults and that they apply in situations in which a juvenile may be deprived of liberty even though the juvenile proceedings may be labeled civil rather than criminal. In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). In that case, the Court held that an accused child was entitled to notice of the charges, the privilege against self-incrimination, the right to confront witnesses, and the right to summon witnesses on his or her own behalf. Justice Abe Fortas wrote the majority opinion in Gault, and Chief Justice Earl Warren predicted that it would come to be called the ¡°Magna Carta for juveniles.¡± [Cases: Constitutional Law 251.5. C.J.S. Constitutional Law ¡ì¡ì 946, 968¨C969.]


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