Due Process

The Fifth Amendment of the Constitution states that “no person shall…be deprived of life, liberty or property without the due process of law.” However, sometimes the government must restrict people in their actions, profession, or in regard to their possessions. When this occurs there is a process that must be undertaken and is designed to ensure fairness and impartiality before the government restricts life, liberty, or property. There are two types of due process: Substantive due process, and procedural due process.

Substantive due process concerns the substance of the actual rule or regulation in question. People are protected from unreasonable rules and regulations, so when someone alleges a violation of substantive due process then they are challenging the content and application of the rule. The government can overcome a substantive due process challenge if it can show a rational basis for the rule or regulation that is being called into question. The rational basis standard is the lowest standard of court scrutiny. While substantive due process concerns the rule itself, procedural due process concerns the procedures used to enforce the rule. If someone alleges a procedural due process violation they are not challenging the rule itself but rather the way in which it was applied to them. In any case concerning the deprival of life, liberty, or property they are required some form of due process, however, the amount varies on a case to case basis. Minimum due process is usually used in situations where both the offense and penalty are both minor. Minimum due process includes: a statement of the specific violation, notice of the sanctions that will be imposed, and an opportunity for the accused to comment. Conversely, maximum due process is used in severe circumstances such as a murder trial, and as a result the process is much more thorough. Maximum due process requires: a written notice of a hearing, a written statement of the charges, provision of an adversarial hearing (a hearing or trial where both sides can present arguments and have the matter heard by one or more neutral decision makers), a written or audiotaped record of the proceedings, and the right to appeal. Usually most due process cases fall somewhere in between minimum and maximum due process so the procedural requirements are flexible and dependent on the facts of each case.

Link:

http://sports.espn.go.com/nfl/news/story?id=6292476

Kansas City Chiefs linebacker Mike Vrabel is arrested for theft at a casino. The story is unclear about what he actually did to be arrested for felony theft, but it is just a strange story to me. I don’t understand how you could be charged with theft at a casino, they are pretty careful with their money.