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Moreover, the presumption-of-truthfulness instruction itself is constitutionally defective.
Both of these cases involve astonishingly long delays flowing in significant part from constitutionally defective death penalty procedures.
Consequently, if the Test Fleet trial had resulted in a conviction instead of a hung jury, the conviction would presumptively have been set aside as constitutionally defective.
"The more protracted a stay keeping in place a constitutionally defective standard," the judge wrote, "the more severe the continuing First Amendment injury".
Paragraph 7 avers that the Commission's procedures for performing these functions are constitutionally defective with respect to matters of counsel, confrontation, compulsory process, rules of evidence, standards of guilt, right of appeal, and self-incrimination.
There is not enough admissible evidence to prosecute all two hundred and forty inmates currently in custody in this way, so, for a second group, Obama plans to revive military commissions — pared-down trials that have been used occasionally in the past but that the Bush Administration designed in a way that the Supreme Court found constitutionally defective.
Similar(45)
This is constitutionally dubious.
Constitutionally moribund?
"Constitutionally, I'm not".
Constitutionally, it is irrelevant.
The Defective Detectives.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com