Selective Incorporation

Selective Incorporation
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Resources • Competency 3: Apply the 4th, 0 Discussion Participation Scoring Guide. 5th, and 6th Amendments in aJ criminal justice context. V Community of Excellence. Introduction V Criminal Justice Undergraduate Research Guide. It Duncan Louisiana (1968), the Database Guide: LexisNexis Academic. defendant was charged with and G.R.E.A.T Discussion Guidelines. found guilty of simple battery le, Academic Search. without a jury trial as Louisiana law stated that it was a misdemeanorle Duncan v. Louisiana. and punishable by less than 2 years (e, Researching Judicial Decisions. 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.

 

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