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substantive and procedural due process

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Differentiate between substantive and procedural due process. In light of these differences and the protections of the Fifth and Sixth Amendments, should criminal defendants be allowed to be present during the grand jury's adjudication? Does not allowing defendants to be present during the grand jury's adjudication violate the defendant's right to hear evidence against him/her?

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Solution Summary

This posting contrasts substantive and procedural due processes.

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Based on the structure of the assignment question and assuming that this is being written as an essay without specific law memo format (e.g., IRAC-Issue, Rule, Application, Conclusion), I suggest an outline that follows this sequence:

1) State your conclusion first (e.g., "The Grand Jury adjudication process, in barring the criminal defendant from attending, does/does not violate the defendant's DP rights as granted by the 5th and 6th amendments"), for the sake of ...

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