Wednesday, October 7, 2009

Due Process Issues

Due Process Issues: "Everything mentioned above about 'burdens' and 'proof' is intended to illustrate how rules of evidence are examples of procedural due process mixed with substantive due process. Being factually guilty is one thing; being legally guilty is another, and the rules are designed with fairness to each point of view in mind. Virtually every rule of evidence affects the outcome of the case, so it's substantive; but virtually every rule of evidence is about procedure, so it's procedural. The closest thing to substantive due process in the whole of criminal justice procedure is the standard of proof, and that's only because beyond a reasonable doubt is a tough standard."

1 comment:

Nye Frank Racing said...