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Abstract

"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due process does not demand the best possible procedure; instead, it imposes procedural minima.

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