Due_process

Substantive Due Process

• Recognition of Right to Travel: A fundamental aspect protected under substantive due process.

Evidentiary Rules in Criminal Trials

• Procedural/Substantive Due Process: Ensures fairness in the trial process through evidentiary rules.

• Quality of Evidence: A key determinant for a fair trial; evidence presented must be credible and uncontaminated.

Types of Evidence

• Probative Evidence:

  • Crucial for assessing guilt or innocence.

  • Includes:

    • Facts of the case

    • Witness testimony

    • Forensic evidence

  • Aims for objective assessment of the defendant's guilt or innocence.

• Prejudicial Evidence:

  • Information likely to evoke juror biases or passions.

  • Does not focus directly on the case facts.

  • Includes graphic photographs and propensity evidence (past behavior).

  • Exception: Impeachment of defendant's credibility through testimony, e.g., past criminal record or character evidence.

Distinguishing Evidence Types

• Substantive Due Process: Ensures fairness in criminal trials by distinguishing between probative and prejudicial evidence.

• Prior Bad Acts:

  • History of criminal record vs. relevance to current charges.

Case Study: Bill Cosby's Criminal Prosecution

• Fairness Assessment: Evaluation of probative versus prejudicial testimony.

• Trial One (2017):

  • Involvement of 1 accuser alongside Constand.

• Trial Two (2018):

  • Involvement of 5 accusers alongside Constand.

• Issue: Non-prosecution agreement (verbal).

• Deposition: Recorded written statements impacting the case.