4.2 due process

1.The Fifth Amendment to the United States Constitution, provides, inter alia, that “No person shall be deprived of life, liberty or property without due process of law.” This legal standard means what it says. Certainly, Rob Porter and others who have been accused of sexual abuse or harassment are not being deprived of their life or their liberty as a result of the allegations made against them.
2. In short, there is a process — of charges, proof, and judicial decision when a legal action is brought. But when a business, a government entity, or a voter must decide whether someone is fit for his position, the decision process is of necessity much less formal, quicker, and truncated. A judgment call must be made, and it often must be made quickly.
3.It has two prongs: 1) The government cannot charge you with a crime or take other action against you without notifying you of the charges or proposed action. And 2) you must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken.
4.the opportunity to present your side of the story. Remember that due process does not mean you have the right to be believed, just that you have the right to be heard. What the president seems to be arguing is that people are believing the accuser, not the accused.
5.reputable journalists do attempt to hear the other side. They seek confirmation of their stories and solicit a response from the person accused. Recent high-profile allegations seem well-sourced and documented
6. due process as a set of legal principles is different from due process as a range of cultural signals and beliefs. The law of due process is rich and varied, but it generally evokes the right of an individual to be heard before the imposition of punishment or penalties by the government. For a rough guide to legal due process, think about safeguards of the sort found in the Bill of Rights: confrontation of accusers, a burden of proof, an impartial decision-maker, and so forth.
7.Roy Moore is the ultimate example of the use of “due process” as a way of avoiding a question of serious misconduct. Moore and his supporters repeatedly argued that it was unfair to reach conclusions since he has never been charged or “had his day in court.” That is a reference to legal due process. While it is good to remind people that an accusation is not proof, that does not mean that the public is not supposed to reach conclusions on the strength of the available evidence.
8.The Court has generally employed a balancing test to determine whether a specific procedure is required, looking at “[f]irst, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.”
9.

There are two principal strands of due process. One is substantive due process: Most famously, Roe v. Wade is based on substantive due process. The extent to which the Constitution’s due process clauses create substantive rights is always controversial; when a judge is labeled “activist,” it often means that the judge believes in a broader rendering of substantive due process rights.

The other form of due process is procedural due process, which is likely what President Trump referred to. This form requires the government to observe certain procedural protections before depriving a person of life, liberty, or property. The array of protections is wide and often technical, but the core protection is the right to “notice and the opportunity to be heard.” This phrase means that before a judicial deprivation, the government must take steps to reasonably apprise the person of its action, and then give the person an opportunity to appear in court to argue why the action is improper or illegal.