Due Process
Definition
The constitutional or legal requirement that a person facing loss of liberty receive fair procedure, including notice, a hearing, and the chance to contest the evidence against them.
Related terms
- In Re Gault
- The 1967 United States Supreme Court decision holding that due process protections reach juvenile proceedings that can end in confinement, usually credited...
- Justice Model
- The view that a young person facing possible confinement is owed the same due process safeguards as an adult defendant, with disposition...
- Parens Patriae
- A common-law doctrine under which the state acts as an ultimate guardian of persons who cannot fully protect their own legal interests,...
- Restorative Model
- A third strand that centres the victim and community, asking what harm was done and what would repair it, usually layered on...
- Welfare Model
- The view that a child who offends is a child in need of care, with disposition scaled to the child's needs rather...
- Hybrid Model
- A system that combines welfare-oriented rehabilitation goals with justice-model procedural safeguards, the pattern most contemporary juvenile justice systems actually follow.
Explained in these topics
- Welfare Model vs Justice Model (Unit IX)The set of procedural safeguards, such as notice of charges, counsel, and a defined standard of proof, that the justice model insists applies to a juvenile fac...
- Welfare Versus Justice Models of Juvenile Justice