The Fifth Amendment right to deprivation of liberty only based on facts proved beyond a reasonable doubt requires a different, and stricter level of compliance, as we know from the contrasting cases on retroactivity: "yes" on reasonable doubt (Ivan V. and Hankerson); "no" on judge rather than jury where the reasonable doubt right is intact (Summerlin).While addressing the Sixth Amendment, Cunningham clearly expresses the constitutional norm that increased… [read post]