Thursday 30 January 2014

Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states

The U.S. Supreme Court has, through the due process clause of the 14th Amendment, incorporated many of the protections and prohibitions contained in the Bill of Rights. By doing so, the Supreme Court has required that state and local governments obey those portions of the Bill of Rights that have been incorporated. Consider the following:
  • Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states? (45%)
  • What is the difference between procedural and substantive protections for criminal offenders in the Bill of Rights? (25%)
  • Which of the protections available to criminal offenders in the Bill of Rights are procedural, and which are substantive? (25%)

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