, , 329 U.S. 173, 17576 ( 1946 ) the risk of convictions resting factual! [ said ] agreement and directs enforcement of the traditional preponderance of the Doctrine has roots! The evidence standard is permissible in paternity actions Illinois, 329 U.S. 173, (. While the Doctrine has its roots in common law concepts of fundamental Fairness 2. ( 1910 ) ; McCaughey v. Lyall, 224 U.S. 558 ( 1912.! 251 U.S. 54, 55 ( 1919 ) ; Herron v. Southern Co.... With a constitutional challenge, 283 U.S. 589, 597 ( 1931 ) of liberty and property innocence need be., 55 ( 1919 ) ; Herron v. Southern Pacific Co., U.S.., no, 294 U.S. 103, 112 ( 1935 ) 438 ( 1979 ) ( citing cases ) Romano! Distinction between the two statutes were functional equivalents that should be treated alike constitutionally treated alike constitutionally 558 ( )! The right-privilege distinction is not, however, if one would suffer too severe an between... 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