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To: Lucky Dog
You will note that there is quite a bit more to due process of law than your quote of Justice Harlan.


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Quite true Lucky my boy. An excellent source for the legal systems views on due process is Findlaw:

http://caselaw.lp.findlaw.com/data/constitution/amendment05/

They have an exhaustive list of annotations you can study:


• Indictment by Grand Jury
• Double Jeopardy
• Development and Scope
• Reprosecution Following Mistrial
• Reprosecution Following Acquittal
o Acquittal by Jury
o Acquittal by the Trial Judge
o Trial Court Rulings Terminating Trial Before Verdict
• Reprosecution Following Conviction
o Reprosecution After Reversal on Defendant's Appeal
o Sentence Increases
• ''For the Same Offence''
o Legislative Discretion as to Multiple Sentences
o Successive Prosecutions for ''The Same Offense''
o The ''Same Transaction'' Problem
• Self-Incrimination
• Development and Scope
• The Power to Compel Testimony and Disclosure
o Immunity
o Required Records Doctrine
o Reporting and Disclosure
• Confessions: Police Interrogation, Due Process, and Self-Incrimination
o The Common Law Rule
o McNabb-Mallory Doctrine
o State Confession Cases
o From the Voluntariness Standard to Miranda
o Miranda v. Arizona
• The Operation of the Exclusionary Rule
o Supreme Court Review
o Procedure in the Trial Courts
• Due Process
• History and Scope
o Scope of the Guaravnty
• Procedural Due Process
o Generally
o Administrative Proceedings: A Fair Hearing
o Aliens: Entry and Deportation
o Judicial Review of Administrative Proceedings
• Substantive Due Process
o Discrimination
o Congressional Police Measures
o Congressional Regulation of Public Utilities
o Congressional Regulation of Railroads
o Taxation
o Retroactive Taxes
o Deprivation of Property: Retroactive Legislation
o Bankruptcy Legislation
o Right to Sue the Government
o Congressional Power to Abolish Common Law Judicial Actions
o Deprivation of Liberty: Economic Legislation
• National Eminent Domain Power
o Overview
o Public Use
o Just Compensation
? Interest
? Rights for Which Compensation Must Be Made
? Consequential Damages
? Enforcement of Right to Compensation
o When Property Is Taken
? Government Activity Not Directed at the Property
? Navigable Waters
? Regulatory Takings

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Please, let me know if you find anything that refutes Harlans observations.
304 posted on 06/01/2006 6:35:47 PM PDT by tpaine
[ Post Reply | Private Reply | To 300 | View Replies ]


To: tpaine
Please, let me know if you find anything that refutes Harlans observations.

There's every thing there to refute yours.
305 posted on 06/01/2006 7:17:57 PM PDT by Lucky Dog
[ Post Reply | Private Reply | To 304 | View Replies ]

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