Changes in due process of law

Abstract

Joseph J. Senna, MSW, JD, is Associate Pro fessor, College of Criminal Justice, Northeastern University, Boston, Massachusetts. Today the concept of due process of law is being applied increasingly to protect in dividual rights when the government seeks to deprive a person of life, liberty, or prop erty.1 The trend toward a wider use of due process to prevent abuse of power has spread to many fields in the human ser vices, especially public welfare, juvenile delinquency, and corrections. More than ever before, due process of law has been used in these settings to challenge various types of arbitrary action such as the termi nation of aid by welfare officials or the imposition of punishment on prison in mates. Perhaps because consistent judicial intervention has called attention to grave infringements of human rights in the fields mentioned and in mental health—particu larly over the past decade—these fields have become open to severe criticism and change by those providing or receiving services. Prior to the 1960s the judicial system usually refused to become involved in arbi trary administrative practices in human services. Today the courts have discarded the traditional hands-off doctrine and they readily review grievances of individuals in order to insure equal protection and due process of law. The judicial system has begun to recognize that persons on welfare, patients in mental hospitals, juveniles be fore a court, and inmates in correctional facilities have basic rights. Those who are planning and carrying out programs and services are now ques tioning procedures followed for many years because these procedures may vio late the constitutional rights of those in volved. Social work practitioners and other professionals who are in the field of human services and who are providing the services ought to be aware of the extent of judicial intervention, which is occurring increasingly when basic human rights are violated. Also, judicial solutions to human service problems have an impact on overall agency administration, types of programs, and eligibility requirements, as well as pro fessional education.