ABSTRACT

A central feature of due process, a hearing is the means by which a person singled out by the state or by others can protest deprivation of or interference with life, physical integrity, liberty, property, or other entitlements. The right to due process is articulated in the Due Process Clauses of the Fifth and Fourteenth Amendments to the Constitution and in state constitutions as well, and the hearing is a means to guarantee that right. Crimes for which the deprivation may be a fine, a jail sentence, or loss of life itself cannot be prosecuted without providing at least one hearing and, usually, several hearings of different sorts. Generally, a hearing is required only when the government singles out a particular individual. Administrative hearings must likewise be held before unbiased decision-makers. Although the agency itself might have some stake in the recovery of fines, the actual administrative judge or hearing officer may not be personally biased.