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Kenneth C. Haas

In: Corrections

Chapter 4: Due Process Rights of Prisoners

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Due Process Rights of Prisoners
Due process rights of prisoners

The Fourteenth Amendment to the U.S. Constitution prohibits state actions that deprive “any person of life, liberty, or property without due process of law.” The U.S. Supreme Court has consistently held that people cannot be deprived of life, liberty, or property without adequate procedural due process. However, specifying the particular procedures and quantifying the precise amount of protection required by the Due Process Clause is decided on a case-by-case basis by the judiciary. Questions of “how much process is due” a person who faces or has already suffered one or more deprivations of liberty or property controversial, and have been the focus of ongoing debate and interpretation.

The right to due process of law, like other constitutional ...

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