Blog Jay Leiderman Law

Category Archives: Fourteenth Amendment

“Excessive bail shall not be required…” Eighth Amendment to the US Constitution.  Even so, this very moment, approximately 450,000 people who have not been convicted of a crime are being held in U.S. jails. Many of them are there simply because they cannot afford to pay for their release. As detailed below, bail is inherently […]

“The Due Process Clause of the Fourteenth Amendment denies States the power to deprive the accused of liberty unless the prosecution proves beyond a reasonable doubt every element of the charged offense.” In re Winship, 397 U.S. 358, 364 (1970). Jury instructions relieving States of this burden violate a defendant’s XIV Amendment due process rights. […]

 

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