FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 16 - CHAPTER 300
Go to
Volume
16 Table of Contents - Go to Chapter
300
Table of Contents
300.29 Reliability Of Trial And Verdict
300.29.1 Federal Constitutional Rights Implicated By Unreliable Trial Or Conviction
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 16 - CHAPTER 300
300.29.1 Federal Constitutional Rights Implicated By Unreliable Trial Or Conviction
PRACTICE NOTE: "Reliability is ... a due process concern." (White v. Illinois (1992) 502 US 346, 363-64 [112 SCt 736; 116 LEd2d 848].) Hence, the Due Process clauses of the federal constitution (5th and 14th Amendments) require that criminal convictions be "reliable and trustworthy." (California v. Green (1970) 399 US 149, 164 [90 SCt 1930; 26 LEd2d 489] [due process might prevent convictions where a reliable evidentiary basis is totally lacking]; see also Donnelly v. DeChristoforo (1974) 416 US 637, 646 [94 SCt 1868; 40 LEd2d 431] and cases collected at fn 22 [due process "cannot tolerate" convictions based on false evidence]; Thompson v. City of Louisville (1960) 362 US 199, 204 [80 SCt 624; 4 LEd2d 654].)