View Single Post
Old April 13, 2012, 11:49 PM   #4
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,745
Remember that initially, as ruled by SCOTUS in 1833, the Bill of Rights did not apply to the States. Only quite some time after the 14th Amendment was adopted in 1868 did the SCOTUS begin to apply the Bill of Rights to the States, in a piecemeal fashion, through the 14th Amendment.

AFAIK, criminal procedure in States not requiring a grand jury indictment still provides various opportunities for an accused to challenge a charge before trial. For example, many state procedures allow for the filing of a motion to dismiss whereby the legal sufficiency of a charge can be tested. In serious crimes, state procedures often provide for a preliminary hearing to test probable cause. Current state procedure could well be found today by the Court to satisfy due process, just as they were the Court in Hurtado back in 1884.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

Last edited by Frank Ettin; April 14, 2012 at 12:25 PM. Reason: grammar
Frank Ettin is offline  
Page generated in 0.09982 seconds with 7 queries