What is the test for due process in a criminal case?

California, United States of America


The following excerpt is from People v. Wiley, A129166 (Cal. App. 2012):

The due process clause of the Fourteenth Amendment of the United States Constitution protects a defendant in a criminal case against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged. (In re Winship (1970) 397 U.S. 358, 364.) In Jackson v. Virginia (1979) 443 U.S. 307 the United States Supreme Court held that the critical inquiry on review of the sufficiency of evidence to support a criminal conviction is whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could

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have found the essential elements of the crime proved beyond a reasonable doubt. (Id. at pp. 318-319.)

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