due process



Conduct of legal proceedings strictly according to established principles and procedures, laid down to ensure fair trial for every accused. Because the infallibility of court judgments cannot be guaranteed, the legal system aims to secure this second-best but possible option. The guaranty of due process means no accused is punished without an orderly and adequate procedure that is applicable uniformly in all cases. Under a due process, every accused gets an advance notice of trial, and an opportunity to be present, to be heard, and to defend himself or herself. It also includes the rights to (1) legal counsel, (2) confront and cross examine the witnesses, (3) refuse self-incriminating testimony, and (4) have a crime proven by proof beyond a reasonable doubt.

Use due process in a sentence

  • An integral component to the United States legal procedure is due process which allows all people to receive equal treatment under the law which is a cornerstone of American democracy.

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  • After his arrest, Matt's attorney calmed him by saying, "They can't throw you in jail without due process, let's walk through what happens next."

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  • He felt he wasn't given due process at his court hearing, so he had his lawyer file an appeal as soon as the case ended.

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