Both procedural and substantive due processes refer to constitutional due process guaranteed to every citizen of the United States by the country’s Constitution. According to the 5th and 14th amendments, no person may be deprived of “life, liberty, or property without due process of law” (Kenton, 2021, para. 7). At the same time, there are differences between the two types of due process. Thus, procedural due process ensures that the federal government is acting according to the rules established by the Constitution in the case when a person’s liberty, life, or property is denied (Kenton, 2021). In turn, substantive due process ensures that the court protects a citizen’s fundamental rights from their violation by government interference.
In general, procedural due process is responsible for making sure that in civil and criminal matters, the federal government follows particular procedures for the protection of a citizen’s constitutional rights. At the same time, the police and other law enforcement authorities may violate procedural due process. For instance, when the police arrest a person without any reason or perform a warrantless search or seizure. In both cases, the actions of the police may be regarded as unlawful. In the first case, in order to deny a citizen’s freedom, it is necessary to investigate the case for the legitimacy of the arrest. In other words, the police should have serious evidence that would justify the person’s detention. In the same way, in the case of seizure or search, the police should have a warrant on the basis of evidence that the search or seizure is valid. In turn, the absence of a warrant and the obvious signs of crime commitment violates an individual’s right to privacy.
Reference
Kenton, W. (2021). Due process. Investopedia.