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Substantive Due Process Case Study

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Substantive Due Process Case Study
Focus on Federal Rules.
Due Process
I think that substantive due process is more relevant to this discussion as it applies the fifth and fourteenth amendments. Substantive due process is a doctrine that requires all government intrusions into individual rights and liberties shall be fair and reasonable. Further, it must be to further a legitimate governmental interest. This doctrine (not law) constrains certain actions by law enforcement, prosecutors and judges. .

Evidence
Under 46 CFR 201.136 - Evidence admissible, evidence presented to the court must be relevant, material to the case, reliable and probative. In addition, evidence may not be unduly repetitious, cumulative, irrelevant or immaterial. .
Relevant Evidence …show more content…
Weeks was arrested without a warrant at the Union Station in Kansas City, Missouri. Officers entered his household with the help of a neighbor and searched his residence without obtaining a search warrant.
What is the evidence that is relevant, reliable or competent?

Weeks, the defendant, stated that a warrant was not obtained and violated his Fourth and Fifth Amendment rights as guaranteed by the Constitution. Weeks’ argument was that the evidence was obtained illegally, should be returned to his possession and that the evidence should not be used against him in court.
The evidence was the papers discovered by the US Marshalls without being given a warrant to search his premises. Even though the defendant, Weeks, submitted timely requests to retrieve his property, the court denied his petition and used the evidence against him.
While the papers seized from the defendant’s residence were relevant as he was charged with fraud and reliable as they had his name on them, the evidence was ruled incompetent on the basis that the defendant’s constitutional rights were violated. Weeks’ conviction was ultimately overturned or reversed on that basis. …show more content…
(nd). Incorporation Doctrine . Retrieved from The Free Dictionary: http://legal-dictionary.thefreedictionary.com/Incorporation+Doctrine
Justia. (nd). Justia Us Supreme Court Center. Retrieved from Justia: http://supreme.justia.com/cases/federal/us/232/383/case.html
Legal Information, I. (nd). Brady Rule . Retrieved from Cornell University Law School : http://www.law.cornell.edu/wex/brady_rule
Legal Information, I. (nd). Competent Evidence. Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/competent_evidence
Legal Information, I. (nd). Legal Information Institute . Retrieved from Cornell University Law School: http://www.law.cornell.edu/cfr/text/46/201.136
Legal Information, I. (nd). Rule 11. Pleas. Retrieved from Cornell University Law School: http://www.law.cornell.edu/rules/frcrmp/rule_11
Legal Information, I. (nd). Rule 401. Test for Relevant Evidence. Retrieved from Cornell University Law School : http://www.law.cornell.edu/rules/fre/rule_401
Legal Information, I. (nd). Substantive Due Process. Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/substantive_due_process
Siegel, L., & Worrall, J. (2012). Introduction to Criminal Justice, 13th ed. Belmont, CA:
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