Question

If the federal government or a state government brings a criminal lawsuit against a defendant for the alleged commission of a​ crime, the government must notify the person of its intent​ (by charging the defendant with a​ crime) and provide the defendant with a proper hearing​ (a trial). This is an example of​ _____ due process.
A.subordinate
B.procedural
C.conditional
D.collateral
E.substantive

Answer 1

Answer:

Procedural due process.

Explanation:

Procedural due process is a doctrine that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments of the United States. When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard and a decision made by a neutral decision maker. The rights that apply equally to civil due process and criminal due process are:

• An unbiased trial.
• Notice of the proposed action and the grounds asserted for it.
• The opportunity to present reasons for the proposed action not to be taken.
• The right to present evidence, including the right to call witnesses.
• The right to know the opposing evidence.
• The right to cross-examine adverse witnesses.
• A decision based only on evidence presented.
• Opportunity to be represented by counsel.
• A requirement that the tribunal prepare a record of the evidence presented.
• A requirement that the tribunal prepare written findings of fact and the reasons for its decision.

Not all the above rights are guaranteed in every instance. At minimum, a person is due only notice, an opportunity to be heard and a decision by a neutral decision maker. Courts use tests to decide if a person should be guaranteed any of the procedural aforementioned rights.