due process


Definition of due process

1 : a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

called also procedural due process

2 : a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.
Recent Examples on the Web But attorneys and former investigators say child welfare workers often ignore the statute and deprive parents of due process. USA Today, "Her memory of the midnight attack was muddled, but her battered body bore the story.," 17 Dec. 2020 Death sentences are typically obtained on the basis of confessions obtained under torture and an absence of due process, both violations of international law. Washington Post, "Murder mystery inside Egyptian monastery stirs concerns for monk on death row," 27 Nov. 2020 For many Americans, the fictional defense lawyer remains a symbol of due process done right. Smithsonian Magazine, "The Case of the Autographed Corpse," 19 Nov. 2020 The suit includes claims of false arrest, unlawful detention, malicious prosecution, violation of due process, failure to intervene, and intentional infliction of emotional distress. Bruce Vielmetti, Milwaukee Journal Sentinel, "Chicago cop sues Wisconsin cops, prosecutors over failed Dells sexual assault case," 14 Nov. 2020 Public Safety Ned Pettus said that, by law, Coy is a public employee and entitled to due process. Harmeet Kaur, CNN, "5 things to know for December 24: Pardons, veto, coronavirus, Brexit, police violence," 24 Dec. 2020 Also alleged is that absence of signature verification was a denial of the due process of the right to vote. Jonathan Garber, Fox News, "Attorney Sidney Powell files lawsuit seeking Georgia election results be decertified, awarded to Trump," 27 Nov. 2020 Nearly 200,000 expulsions have taken place, with immigrants stripped of the due process of an immigration court hearing. Dianne Solis, Dallas News, "The Trump administration has used the coronavirus threat to swiftly kick more than 200,000 immigrants out of the U.S.," 16 Oct. 2020 That resulted in a violation of Brown's right to due process, among other legal claims. Chad Calder | Staff Writer, NOLA.com, "Father of suspended Grand Isle student sues Jefferson Parish schools in BB gun incident," 15 Dec. 2020

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'due process.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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First Known Use of due process

15th century, in the meaning defined at sense 1

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The first known use of due process was in the 15th century

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Last Updated

19 Jan 2021

Cite this Entry

“Due process.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/due%20process. Accessed 19 Jan. 2021.

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More Definitions for due process

due process


English Language Learners Definition of due process

US, law : the official and proper way of doing things in a legal case : the rule that a legal case must be done in a way that protects the rights of all the people involved

due process


Legal Definition of due process

1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles

called also procedural due process

2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual

called also substantive due process

Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3 : the right to due process acts that violated due process

More from Merriam-Webster on due process

Britannica.com: Encyclopedia article about due process

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