Constitution & Punishing Innocents.
The Fifth Amendment states
Now, nowhere do I see a prohibition of punishing the innocent. In fact, the word we use when determining the innocence or guilt of a suspect is reasonable doubt and that is as good as it can be in our imperfect world.
Before you get all worked up, the idea we have as a culture and a nation is the innocent are not to be punished. Surely the founding fathers did not intend to setup a system that punishes the innocent, but the problem is this imperfect world of ours. This is why they say nor be deprived of life, liberty, or property, without due process of law. My guess is they imagined it would happen from time to time the innocent would be falsely accused and punished, and they set things up to minimize the chance the innocent are wrongly punished.
No, the constitution can only discourage and give the suspected a good chance to prove their innocence.
Of course Judge Roberts can not say as much in the hearing, but I am not under the microscope.