selective incorporation of the 5th amendment to the states 9 Gideon v

Selective incorporation of the 5th amendment to the

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selective incorporation of the 5th amendment to the states 9.Gideon v. WainwrightBackground: Gideon was charged with a minor felony, when he appeared in court he requested for them to appoint him an attorney which they denied him because of the laws in florida. Question: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courtsAnswer: 6th amendment guarantees right to counsel in state court by ways of the 14th amendmentLegal Reasoning: 6th and 14th amendment Consequences: state courts were required to appoint counsel to all defendants who could not afford it on their own 10.Protected and unprotected speechunprotected speech: lacks redeeming social values and is not essential to democratic deliberations and self governance. Libel, actual malice, obscenity, fighting words, arent protected,protected speech: speech protected under the constitution. Most speech is protected unless it specifically is tied under unprotected speech11.Property rightsthe right of an individual to buy, sell, rent, loan, use, invest in etc. property12.Substantive vs. procedural due processprocedural due process: refers to how a law is applied, requires government officials to follow fair procedures before it condemns. limits how government power may be exercised substantive due process: an unreasonable law even if properly passed and properly applied is unconstitutional. government is not allowed to do certain things. limits what a government can do 13.Privacy rights:most important extension on substantive due process. the right to privacyimplied from different amendments put together -The right to be from governmental surveillance and intrusion-The right not to have government make private affairs public -The right to be free in thought and belief from governmental regulations a.Roe v. Wadebackground: a women wanted to terminate her pregnancy , laws in her state saidshe couldn't terminate her pregnancy unless to save her life
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question: does the constitution embrace a woman’s right to privately terminate her pregnancy by abortion answer: abortion falls into a womans right to privacy protected by the 14th amendment legal reasoning: 14th amendment, and other amendments. overall right to privacy consequences: women can do whatever they want over the first trimester of the pregnancy, second and third trimester give states more interest and influence 14.Criminal Rightsa.Exclusionary rule: evidence obtained unconstitutionally or illegally cannot be used in trial b.Miranda rights: a warning given to criminal suspects in police custody that advises them of their right to remain silent c.Jury trials and vocabulary: grand jury: a group of people who privately hear evidence presented by the government to determine whether a person should be required to stand trialpetit jury: smaller group of people, determine whether a defendant is found guilty Impartial jury: consists of a diverse group of peopleIndictment: a formal written statement from grand jury charging an individual with an offensePlea bargain: agreement that defendant pleads guilty for a lesser offense so as
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  • Fall '19
  • First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution

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