Goldberg v. Kelly - Procedural Due Process

Procedural due process covers the act of arresting and trying people for crimes as well as other government steps to restrict the life, liberty, and property of people. Procedural due process places limits on the power of state and federal governments, requiring them to follow to specific procedures for arrests and trials. For procedural due process violation claims, courts must ascertain whether the plaintiffs suffered deprivation of life, liberty, and property and to which procedural safeguards they were entitled.

The Bill of Rights outlines these basic procedural protections, which entitle the accused to freedom from being tried for the same crime more than once, freedom from providing self-incriminating evidence and testimony, freedom from cruel and unusual punishment, and freedom from unreasonable searches and seizures. These protections also include the right to be informed of the crime being charged, the right to a fair and speedy public trial by an impartial jury, the right to representation by an attorney, and the right to cross-examine witnesses.