Bill of Rights, Part 5: Criminal Procedure
The Patterson team discusses some of the Stuart abuses that shaped what rights ended up in the Fifth, Sixth, and Eighth Amendments. Freedborn John refuses the oath ex officio. Sir Walter Raleigh is denied the right to confront Cobham. Judge Jeffreys presides over the Bloody Assizes. Patrick Henry confuses the difference between “didn’t” and “shouldn’t have.” We pause to discuss a recent decision on double jeopardy and provide a (very) brief history of incorporation.