Labels:book | reckoner | sky OCR: SUMMARY OF THE ARGUMENT The constitutional violation alleged in this case the liberty be free from criminal prosecution except upon probable cause protected by substantive Dro cess This Court has long assumed that due process requires probable cause for criminal prosecution. Dins man Wilkes How.) 390. 402 1851 Bor denkircher 7I Hayes, 434 357. 364 (1978). That true even though the Court has held that Constitution daes not require the states enforce that requirement with either grand jury preliminary hearing cedure Hurtado Califormia 110 538 1884 Gerstetm TF Pugh 420 1..5 103. 125 n.26 (1975) The proba ble cause standard for prosecution plays vital tale protecting citizens from unfounded charges nt crime which bring bear the prosecutorial forces ot organized society ir -he most severe exerc ...
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