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Do you agree with the majority or dissent in Hurtado v. California?

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lisamarie79 | Student, College Freshman | (Level 3) eNoter

Posted January 19, 2012 at 7:06 AM via web

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Do you agree with the majority or dissent in Hurtado v. California?

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted January 19, 2012 at 8:08 AM (Answer #1)

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I agree in part with each of the opinions.

I agree with the majority in that I do not think that a grand jury is necessary for a system to provide due process.  Surely a regular jury trial is enough to establish whether a person is guilty or not guilty.  The grand jury step seems more like a convenience than something that materially impacts a person's rights.

On the other hand, I agree with the dissent in terms of the idea of the incorporation of the Bill of Rights.  All the rights that the federal government must respect (those in the Bill of Rights, for example) ought to be respected by the states as well.  We should not allow the states to infringe upon rights that are fundamental enough to be listed in the Bill of Rights.

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