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To: driftdiver; Old Sarge
Actually, I think you can make an argument that the answer to that is yes.

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

During ratification, Amendment IX was well known to have referred to respect for the rights of Englishmen under the Common Law not already recognized in the 4th, 5th, and 6th Amendments. At that time, presumptive innocence would only have applied to Federal crimes, but would have been understood in the Constitutions of most states.

Coffin v. United States, did not really establish the principle of presumptive innocence -- in fact the decision itself goes through the whole body of existing case law in which this was already understood.

What Coffin did do is establish that failure to advise a jury of presumptive innocence was so serious that it was, in itself, a reversible error.

44 posted on 12/05/2013 5:50:06 PM PST by FredZarguna (The sequel, thoroughly pointless, derivative, and boring was like all James Cameron "films.")
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To: FredZarguna

That all makes sense, thank you.


52 posted on 12/05/2013 6:23:11 PM PST by Old Sarge (And Good Evening, Agent Smith, wherever you are...)
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