Editing Criminal Procedure Dressler/Outline
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********** Fed govt doesn’t want to get involved in state law issues and rock boat with racism. (eg Leo Frank) | ********** Fed govt doesn’t want to get involved in state law issues and rock boat with racism. (eg Leo Frank) | ||
********** History | ********** History | ||
*********** | *********** Barron v. Baltimore -- Marshall says BoR only applies to Federal govt, not states. | ||
*********** 1884 – DP recognized to apply BoR to states | *********** 1884 – DP recognized to apply BoR to states | ||
*********** | *********** Slaughter-House Cases (1873) -- "privileges or immunities" only covers those that exist by virtue of national citizenship, not those in BoR | ||
********** o BoR gives certain protections in state cases, but not all | ********** o BoR gives certain protections in state cases, but not all | ||
*********** DP does not guarantee in state courts: grand jury indictment, 12-person jury, or no negative inference from D not testifying | *********** DP does not guarantee in state courts: grand jury indictment, 12-person jury, or no negative inference from D not testifying | ||
********** Methods of | ********** Methods of Incorporation | ||
*********** o Justice Black = '''Total Incorporation''' failed | *********** o Justice Black = '''Total Incorporation''' failed | ||
*********** o Selective incorporation (wins) | *********** o Selective incorporation (wins) |