NCJ Number
60926
Journal
Loyola University Law Journal Volume: 9 Issue: 1 Dated: (FALL 1977) Pages: 61-135
Date Published
1977
Length
75 pages
Annotation
SUBSTANTIVE DUE PROCESS IS EXAMINED AS AN ANALYTICAL METHOD AT THE HEART OF THE SUPREME COURT'S CONSTITUTIONAL REVIEW OF FEDERAL AND STATE ENACTMENTS RELATED TO CIVIL AND CRIMINAL PROCEEDINGS AND THE DEATH PENALTY.
Abstract
SINCE THE SUBSTANTIVE DUE PROCESS CONCEPT OF FUNDAMENTAL RIGHTS IS NOT STATIC AND EVOLVES IN THE SAME WAY AS COMMON LAW, LEGISLATIVE ENACTMENTS MAY BE CONSIDERED EVIDENCE OF WHAT RIGHTS ARE FUNDAMENTAL IN SOCIETY AT ANY GIVEN TIME. THE BASIC TENSION BETWEEN LEGISLATIVE ENACTMENTS AND INDIVIDUAL RIGHTS IS POLITICAL AND SURFACES WHEN THERE IS DISAGREEMENT BETWEEN A LEGISLATURE AND A COURT AS TO WHAT CONSTITUTES FUNDAMENTAL RIGHTS. STATE LEGISLATIVE ENACTMENTS FALL UNDER SUBSTANTIVE DUE PROCESS ANALYSIS IF THE STATE'S PURPOSE IS PROHIBITED BY A SPECIFIC SECTION OF THE CONSTITUTION; OR IF THE STATE'S METHOD OF ACHIEVING ITS PURPOSE DOES NOT BEAR A CONSTITUTIONALLY PERMISSIBLE RELATION TO THAT END, EVEN IF THE STATE'S PURPOSE IS NOT PROHIBITED BY THE CONSTITUTION. THE JUDICIAL APPLICATION OF SUBSTANTIVE DUE PROCESS ANALYSIS IN CRIMINAL CASES INVOLVES EQUAL PROTECTION, THE RIGHT TO PRIVACY, AND THE EIGHTH AMENDMENT. PERTINENT ISSUES IN SUBSTANTIVE DUE PROCESS ANALYSIS IN TRADITIONAL CRIMINAL CASES ARE THE REQUIREMENT OF CULPABILITY (MENS REA, ACTUS REUS, AND INSANITY) AND CULPABILITY AND THE BURDEN OF PROOF. SUBSTANTIVE DUE PROCESS ANALYSIS IN CASES CONCERNING ALTERNATIVE REHABILITATION SYSTEMS OF DEALING WITH SOCIAL DEVIANCE ENCOMPASSES JUVENILE AND CIVIL COMMITMENT CASES. ALTHOUGH DEATH PENALTY CASES ARE PURPORTEDLY DECIDED UNDER THE RUBRIC OF THE EIGHTH AMENDMENT RATHER THAN SUBSTANTIVE DUE PROCESS, AN EXAMINATION OF VARIOUS JUDICIAL OPINIONS SHOWS THE APPLICATION OF A HIGHLY DEVELOPED FORM OF SUBSTANTIVE DUE PROCESS ANALYSIS. CASE LAW IS CITED. (DEP)