What is the test for finding that the Criminal Procedure Act violates due process law?
California, United States of America
The following excerpt is from Board of Ed. of City of Los Angeles v. Cooper, 136 Cal.App.2d 513, 289 P.2d 80 (Cal. App. 1955):
1. That the Act on its face violated due process of law under the holding in Wieman v. Updegraff, 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216.
2. That the Act constitued special legislation.
3. That it was a bill of attainder.
4. That it offended the principle of separation of powers.
5. That it was unconstitutional as applied to petitioner.
6. That petitioner had complied by answering the questions.
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