[Aliantha]

Yes that seems to be the case.

The thing I find difficult to get my head around is the fact that so many people tout the constitution and violations of it, and yet it really doesn't seem that much of it is really guaranteed because it might depend on how an individual judge feels about an individual case.

Even such things as guaranteed rights aren't always awarded. See gitmo as an example. Many of those prisoners were taken from other countries, deposited in a US jail and have never been given the right to a 'speedy trial' in order to prove their innocence if possible. I understand that people will argue that some of them are prisoners of war etc, but from an outsiders point of view, it still seems a very hypocritical situation.

eta: of course, the onus really is on the court to prove guilt rather than the prisoner needing to prove their innocence, but that doesn't seem to be the case in gitmo either.