e. Trial Rights and Capital Punishment: Sixth and Eighth Amendment -Sixth (Incorporated): public trial (Klopfer v. North Carolina, 1967), right to counsel (Gideon v. Wainwright, 1963), confront witness (Pointer v. Texas 1965), impartial trial, speedy trial, compulsory process, jury trial (Duncan v. Louisiana, 1968). -Plea Bargains -7 th Amendment: Trial by Jury (Not Incorporated) -8 th Amendment: No Cruel and unusual punishment, excessive bail, excessive fines (Partially Incorporated) i. Gideon v. Wainwright- Right to Counsel ii. Furman v. Georgia (1972)- Ruled Georgia’s use of the death penalty was unconstitutional because they were not making sure each person had due process. iii. Gregg v. Georgia (1976) iv. Between 1973- 2008, 129 people who had been sentenced to die were released when it was discovered that they were innocent. 9 th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10 th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 7. Explain the significance of the following Supreme Court cases within the context of the “right to privacy” a. Abortion i. Griswold v. Connecticut (1965)- Established right to privacy ii. Roe v. Wade (1973)- Decision that made abortion legal in all 50 states and made pregnancy a medical condition for 24 weeks. iii. Planned Parenthood v. Casey (1992)- States can place regulations on abortions in the first 24 weeks if they don’t create an unnecessary burden.
iv. Whole Women’s Health v. Hellerstedt (2016)- Ended up closing down lots of abortion clinics. Ended up overturning Texas law. b. Sexual Conduct i. Griswold v. Connecticut (1965)- Married couples could use birth control ii. Eisenstadt v. Baird (1972) iii. Bowers v. Hardwick (1986)No sodomy for gays iv. Lawrence v. Texas (2003)- No anti-sodomy laws v. Obergefell v. Hodges (2015)- Same sex marriage is legal in all 50 states
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- Spring '08
- Fourteenth Amendment to the United States Constitution