Procedural due process Flashcards Preview

Extra Credit: Law and Public Health > Procedural due process > Flashcards

Flashcards in Procedural due process Deck (15):
1

Which amendments prohibit government from depriving individuals of 'life, liberty, or property, without due process of law'?

Fifth and Fourteenth amendments

2

Define Procedural due process.

Procedural due process is the element of due process clause that requires government to provide a fair process before depriving a person of life, liberty or property.

3

What are the procedures of procedural due process?

The following are elements of procedural due process-notice, hearing, impartial decision maker, transcript of proceedings, counsel, opportunity to cross-examine and appeal.

4

How does the Supreme court define 'property interest'?

The Supreme court defines 'property interest' as not merely an abstract need, desire or unilateral expectation but rather a 'legitimate claim of entitlement'.

5

A benefit is not a protected entitlement if government official may grant it or deny it at their discretion.

Is this statement True or false?

True.
eg. Castle Rock v. Gonzales (2005).

6

As per Goldberg v. Kelly, which entitlement is a property interest?

welfare benefits.

7

Name the three elements of procedural due process.

1) Nature of the private interest: the more intrusive or coercive the state intervention, the more rigorous the procedural safeguards.
2) Risk of erroneous deprivation and probable value off additional or substitute procedural safeguards: the court is concerned with the value of the procedures as a method of protecting against erroneous decision.
3) Fiscal and administrative burdens and the extent to which government interest is undermined.

8

Due process is a flexible concept.

Is this statement true or false?

True.

9

Reduced due process is not justified just by the fact that the state's interest in rapid confinement of immediately dangerous person would be undermined by time-consuming procedure.

Is this statement True or False?

False

10

What is the negative constitution theory?

As per the negative constitution theory, the US constitution rarely affords affirmative obligations but principally negative liberties, government's failure to act brings no remedy.

11

What are the weaknesses of the negative constitution theory?

1) Distinctions between action and inaction are sometimes difficult to sustain.
2) Citizens rely on the protective umbrella of the state.
3) the judicial refusal to examine government's failure to act, leave state free to abuse its power and cause harm to citizens.
4) it can serve as an incentive for the state not to act and neglect its citizens.

12

In Castle Rock V. Gonzales, what was the court's decision on the claim that police enforcement of restraining order was a property interest?

The court rejected the plaintiff's claim since police enforcement of restraining order is a benefit provided at the discretion of the police and hence not an entitlement or property interest.

13

In Webster v. Reproductive health services, a Missouri statute barring state employees from performing abortions and banning use of public facilities for such procedure was challenged. What was the outcome.

The court rejected the claim for basic government services were not recognized as a 'property interest'.

14

In the DeShaney (1989) case, a child suffered severe brain damage after being abused his father, who had received custody of the child despite evidence of abuse. What was the court's decision?

The court held that since no affirmative government duty to protect exists (as per the negative constitution theory), the child had no constitutional remedy.

15

Mr. A suffers from a chronic severe mental illness and has had multiple violent episodes, including one with threat with firearm, a few years back. His mother has been his caretaker for over 30 years. Recently his mother passed away after a massive cardiac arrest. Mr. A's doctor was concerned that he has not refilled his schizophrenia medication for over 6 months and reported to the local health department. Given concerns due to a recent event involving shooting in Connecticut, the local law enforcement officer immediately took Mr.A into custody.

a) Review the elements of procedural due process in relevance to this case.
b) What procedures is Mr. A entitled to before confinement?
c) Which procedures could Mr. A receive after confinement in order to prevent undermining state interest?

a) The elements include:
1) Nature of the private interest: the more intrusive or coercive the state intervention, the more rigorous the procedural safeguards.
2) Risk of erroneous deprivation and probable value off additional or substitute procedural safeguards: the court is concerned with the value of the procedures as a method of protecting against erroneous decision.
3) Fiscal and administrative burdens and the extent to which government interest is undermined.

b) Mr. A should receive notice prior to confinement.

c) Mr. A will receive the full panoply of procedures including counsel, trial, transcript, impartial decision-maker, opportunity to cross-examine and appeal within a reasonable after confinement.