Description
Introduction
In Duncan v. Louisiana (1968), the defendant was charged with and found guilty of simple battery without a jury trial as Louisiana law stated that it was a misdemeanor and punishable by less than 2 years of imprisonment. At issue was whether Duncan's 6th Amendment right to an impartial jury was violated by the state of Louisiana. This case is an example of selective incorporation, which is a constitutional doctrine that ensures that states cannot enact laws that take away the constitutional rights of U.S. citizens guaranteed to them by the Bill of Rights.
Instructions
In your main post:
- Summarize the various tests for determining which rights are incorporated and applied to the states.
- Explain whether all content in the Bill of Rights is fundamental and should be automatically incorporated.
- Discuss why the Bill of Rights would be drafted as it is, if those rights were not fundamental.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
- Summarize the various tests for determining which rights are incorporated and applied to the states.
- Explain whether all content in the Bill of Rights is fundamental and should be automatically incorporated.
- Discuss why the Bill of Rights would be drafted as it is, if those rights were not fundamental.
Post should be a minimum of 300 words.
Explanation & Answer
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1
Running Head: SELECTIVE INCORPORATION
Selective Incorporation
Name
Institution
2
SELECTIVE INCORPORATION
Summarize the various tests for determining which rights are incorporated and applied to
the states.
Incorporation of the Bill of Rights can be described as the process through which the United States
courts used in determining the specific rights U.S. Bill of Rights to be applied in states
(Lamparello, 2016). This was done under the courtesy of the due process clause of the Fourteenth
Amendment to the United States Constitution. The Fo...
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