TRIAL

Incorporation of Bill of Rights Provisions into the Fourteenth Amendment

  • The Fourteenth Amendment acts as the constitutional framework through which specific protections established in the original Bill of Rights are applied to state and local governments.
  • Key provisions, particularly those concerning criminal procedure, have been incorporated individually through landmark United States Supreme Court decisions.

Table 2.3: Bill of Rights Provisions Related to Criminal Procedure Incorporated into the Fourteenth Amendment

First Amendment Incorporation

  • Protected Right: Freedom of speech
  • Incorporating Supreme Court Case: Fiske v. Kansas, 274 U.S. 380 (1927)
  • Legal Application: Protects individual speech against government infringement at the state level via the Fourteenth Amendment Due Process Clause.

Second Amendment Incorporation

  • Protected Right: Right to bear arms
  • Incorporating Supreme Court Case: McDonald v. Chicago, 561 U.S. 3025 (2010)
  • Legal Application: Restricts state and local governments from infringing upon the individual constitutional right to keep and bear arms for self-defense.

Fourth Amendment Incorporation

  • Protection against Unreasonable Searches and Seizures:

    • Incorporating Supreme Court Case: Wolf v. Colorado, 338 U.S. 25 (1949)
    • Legal Application: Applies Fourth Amendment standards protecting citizens against unreasonable searches and seizures to state law enforcement officers.

  • The Exclusionary Rule:

    • Incorporating Supreme Court Case: Mapp v. Ohio, 367 U.S. 643 (1961)
    • Legal Application: Enforces the Fourth Amendment by barring state prosecutors from using evidence obtained through unconstitutional searches and seizures in state court trials.

Fifth Amendment Incorporation

  • Protection against Compelled Self-Incrimination:

    • Incorporating Supreme Court Case: Malloy v. Hogan, 378 U.S. 1 (1964)
    • Legal Application: Guarantees that individuals cannot be compelled by state authorities or in state criminal legal proceedings to testify against themselves.

  • Protection against Double Jeopardy:

    • Incorporating Supreme Court Case: Benton v. Maryland, 395 U.S. 784 (1969)
    • Legal Application: Prevents state jurisdictions from prosecuting a defendant twice for the same criminal offense.

Sixth Amendment Incorporation

  • Right to Counsel:

    • Incorporating Supreme Court Case: Gideon v. Wainwright, 372 U.S. 335 (1963)
    • Legal Application: Mandates that states provide court-appointed legal representation to indigent defendants facing criminal charges.

  • Right to a Speedy Trial:

    • Incorporating Supreme Court Case: Klopfer v. North Carolina, 386 U.S. 213 (1967)
    • Legal Application: Guarantees that criminal trials in state courts must be held without undue or arbitrary prosecutorial delays.

  • Right to a Public Trial:

    • Incorporating Supreme Court Case: In re Oliver, 333 U.S. 257 (1948)
    • Legal Application: Prohibits state jurisdictions from holding secret or closed criminal trial proceedings against defendants.

  • Right to Confront Witnesses:

    • Incorporating Supreme Court Case: Pointer v. Texas, 380 U.S. 400 (1965)
    • Legal Application: Secures the constitutional right of criminal defendants in state courts to confront and cross-examine hostile prosecution witnesses.

  • Right to an Impartial Jury:

    • Incorporating Supreme Court Case: Duncan v. Louisiana, 391 U.S. 145 (1968)
    • Legal Application: Guarantees the right to a trial by an impartial jury for defendants facing serious charges in state criminal courts.

  • Right to Compulsory Process for Obtaining Favorable Witnesses at Trial:

    • Incorporating Supreme Court Case: Washington v. Texas, 388 U.S. 14 (1967)
    • Legal Application: Empowers defendants in state courts to use judicial power (such as subpoenas) to compel the attendance and testimony of witnesses favorable to their defense.

Eighth Amendment Incorporation

  • Protection against Cruel and Unusual Punishment:
    • Incorporating Supreme Court Case: Robinson v. California, 370 U.S. 660 (1962)
    • Legal Application: Applies the Eighth Amendment prohibition against cruel and unusual punishment to state criminal penal codes and criminal sentencing procedures.