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Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. [1]: 617 The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."
Due process developed from clause 39 of Magna Carta in England. Reference to due process first appeared in a statutory rendition of clause 39 in 1354 thus: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law". [ 3 ] Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial.
Procedural due process has also been an important factor in the development of the law of personal jurisdiction, in the sense that it is inherently unfair for the judicial machinery of a state to take away the property of a person who has no connection to it whatsoever. A significant portion of U.S. constitutional law is therefore directed to ...
This category is for cases applying the due process clauses of the Fifth or Fourteenth Amendment to criminal procedure. It does not contain cases concerning the incorporation of the Bill of Rights (see Category:Incorporation case law).
Procedural burden on state in seizure of obscene material Hamilton v. Alabama: 368 U.S. 52 (1961) Absence of defendant's counsel at the time of his arraignment violated his rights under the Due Process Clause of the Fourteenth Amendment Hoyt v. Florida: 368 U.S. 57 (1961) all-male jury in a woman's murder trial did not violate Fourteenth ...