Term
|
Definition
| 1873; Supreme Court Determined: 14th amendment not intended to alter the rights of states |
|
|
Term
|
Definition
| 1925; the court assumed that freedom of speech and of the press was guaranteed against state encroachment under the due process (1st amend.) |
|
|
Term
| Selective Incorporation Doctrine |
|
Definition
| Bill of Rights incorporation into the due process clause of the 14th |
|
|
Term
|
Definition
| 1865; abolished slavery within all states, except punishment for crime, holding people as material witness, drafting men into the armed services. |
|
|
Term
|
Definition
| Protected new rights of former slaves and added to the 5th amendment's due process clause. |
|
|
Term
|
Definition
| The right to be free from unreasonable searches,right to a trail by jury, protection against double jeopardy, right to counsel, right to a speedy and public trial. It is the key to state level regulation by BoR "No state shall deny due process" |
|
|
Term
|
Definition
| Right of citizens of the US to vote could not be limited by any state based on race, color, or prior status of servitude; Doesn't eliminate male or property right issues |
|
|
Term
|
Definition
| 1914; Excluded the admission of illegally seized evidence in federal searches governed by the 4th amendment; Exclusionary Rule |
|
|
Term
|
Definition
| Excludes unlawfully obtained evidence |
|
|
Term
|
Definition
| 1949; Raised fourth amendment issue which was not incorporated into the due process clause of the 14th amendment. Denied because can't affirmatively accept evidence. Due process is not violated by the use of illegally seized evidence in a state court (4th unreasonable search) |
|
|
Term
|
Definition
| 1961; adopted the exclusionary rule to prevent the use of evidence illegally seized by state (applies to all levels)(4th unreasonable search) |
|
|
Term
|
Definition
| 1884; No right to grand jury indictment in state case. Fundamental fairness is being determined at PH where defense is represented at state level (5th) |
|
|
Term
|
Definition
| 1964; 5th amendment privilege against self-incrimination was part of due process; deemed incorporated against the states |
|
|
Term
|
Definition
| 1937; Double jeopardy (5th): Not part of the 14th amendment due process clause |
|
|
Term
|
Definition
| 1969; Palko was wrong and that the 5th amendment was incorporated into 14th due process |
|
|
Term
| Klopfer v. North Carolina |
|
Definition
| 1967; (6th amendment) right to a speedy trial is incorporated into the 14th (fundamental even at state level) |
|
|
Term
|
Definition
| 1968; jury trial under the 6th amendment incorporated into the due process clause. Two years incarceration required a trial by jury. |
|
|
Term
|
Definition
| 1970; Any case if potential sentence is greater than six months has right to trial by jury |
|
|
Term
|
Definition
| 1965; Determined right to confront and cross-examine adverse witnesses was fundamental to a fair trial. (6th) |
|
|
Term
|
Definition
| 2004; Reaffirmed Pointer; Wife's out of court statement could not be used against her husband where she could not be cross-examined. Conviction reversed (6th) |
|
|
Term
|
Definition
| 1963; No trial without an attorney for a felony. Determined 6th guaranteed indigent state felony defendant free counsel |
|
|
Term
|
Definition
| 1972; due process required free counsel if any chance of incarceration (6th) |
|
|
Term
|
Definition
| 1962; determined punishment for being addicted to drugs violate the due process clause of 14th. 8th Amendment prohibition against cruel and unusual punishment was deemed part of D.P. |
|
|
Term
| Cooper Industries v. Leatherman Tool |
|
Definition
| 2001; 8th amendment; excessive bail prohibition of the 8th not clearly incorporated into the D.P. clause. Court noted 8th applied to states. Excessive fines selecteively incorporated |
|
|
Term
|
Definition
| States must meet the minimum constitutional standards |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Not reserved in Constitution, up to state level/public issue where issue resides |
|
|
