Selective incorporation of the 5th amendment to the

selective incorporation of the 5th amendment to the states
9. Gideon v. Wainwright
Background: 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 courts
Answer: 6th amendment guarantees right to counsel in state court by ways of the 14th
amendment
Legal 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 speech
unprotected 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 speech
11. Property rights
the right of an individual to buy, sell, rent, loan, use, invest in etc. property
12. Substantive vs. procedural due process
procedural 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 privacy
implied 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. Wade
background: a women wanted to terminate her pregnancy , laws in her state said
she couldn't terminate her pregnancy unless to save her life

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 Rights
a. 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 trial
petit jury: smaller group of people, determine whether a defendant is found guilty
Impartial jury: consists of a diverse group of people
Indictment: a formal written statement from grand jury charging an individual with
an offense
Plea bargain: agreement that defendant pleads guilty for a lesser offense so as