Spaulding, fall 2009
|5th Amendment | |No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in | |cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be | |subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against | |himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without | |just compensation. | |14th Amendment, Section 1 | |All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the | |State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United | |States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its | |jurisdiction the equal protection of the laws. |
I. Landsman, Readings on Adversarial Justice: The American Approach to Adjudication The central precept of the adversary process is that out of the sharp clash of proofs presented by adversaries in a highly structured forensic setting is most likely to come the information upon which a neutral and...