norml21 - Page 28

 These values have been transmuted into concepts of due
 process, as typified by the language which appears in Rochin v
 C_alifornia:
 Even though the concept of due process of law
 is not final and fixed, these limits are
 derived from considerations that are fused in
 the whole nature of our judicial process
 These are considerations deeply rooted in
 reason and in the compelling traditions of
 the legal profession due process of law
 thus conceived is not to be derided as resort
 to a revival of natural law They are
 only instances of the general requirement
 that states, in their prosecutions_ respect
 decencies of civilized conduct. Due process
 of lawf as a historic and generative
 principles precluded the defying_ and thereby
 confining these standards of conduct more
 precisely than to say that convictions cannot
 be brought about by methods tha_ offend "a
 sense of justice."
 342 U_So 165, 170-173_ 72 S. Cto 205, 208--210 (1951).
 The second trend in Supreme Court decisions enunciated as
 fundamental and protected from infringement by governmental
 interferencef rights unenumerated in the original constitution or
 the first eight amendments. Viewed as rights fundamental to the
 functioning of a free society_ and occasionally held as
 concomitant to the proper functioning of an already established
 right, e.g. Ap__ek_r Ło Secre_f St_t_, 378 U.S. 500, 521_ 84
 S. Ct. 1659_ 12 Lo Edo2d 992 (1963) _ these rights are frequently
 articulated as within the due process clauses of the Fifth or
 Fourteenth _en




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