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Bill Rights

By | March 2013
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The Theory that the Fourteenth Amendment incorporates the Bill of Rights established the foundation for the Warren Court’s criminal procedure revolution. The U.S. Supreme Court has incorporated many of the protections and prohibitions in the Bill of Rights. These protections are available to criminal offenders. In this paper, I will discuss which protections do not apply to the states. And the differences between the two laws: procedural and substantive. As you continue on reading, you know about, which protection is considered procedural and substantive. The protection against “ex post facto” laws means that the State cannot pass a law after a person has committed a crime and then prosecute the person for the first crime. You can only be prosecuted under the laws that in effect at the time of the crime. The protection against “Bills of attainder” prevents the State from passing a law meant to punish a certain person without judicial process. The Fourth Amendment provides general protection against arbitrary search and seizure of person(s) and property. However, there are many exceptions to the Fourth Amendment that includes a warrant. It still, does not provide broad protection of the general public from inappropriate police conduct. The Fifth Amendment provides a handful amount of protection. The protection against “double jeopardy” (which means being tried more than once for the same offense) comes from this amendment. The right to remain silent came from a defendant’s Fifth Amendment right not to be compelled to be witness against himself. This Amendment provides a broad right to due process of law. The most important Amendment is the Sixth. This Amendment gives criminal defendants the right to assistance of counsel, the right to compel witnesses to appear at trial, the right to cross-examine witnesses at trial, the right to trial by jury, and the right to be informed of the nature of charges that have been filed against them. The right to...

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